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MARYLAND 
HISTORICAL MAGAZINE 

Vol. VI. SEPTEMBER, 1911. No. 3. 



A MARYLAND MERCH4NT AND HIS FRIENDS 
IN 1750. 

liAWKBNCB C. WROTH. 



(Bead before the Society March 13, 1911.) 

The passenger on the ni^ht boat for Easton, Cambridge and 
other Eastern Shore points is awakened as the whistle blows for 
the Oxford dock to one of the fairest si^ts his eye will rest upon 
in many journeys. Before him, scarcely visible for the trees 
which shield it from the often too hot sun, lies a veritable picture 
town, and about him is another picture, Oxford harbor, with its 
fussy motor boats, fishermen's skiffs and perhaps a fleet of grace- 
ful, clean cut yachts, lyiug at anchor or getting under way for a 
long day of cruising or racing. It is a scene pleasing to tlie eye 
of the casual traveller or the aquatic enthusiast, busy with things 
to certain extent frivolous ; gay with tho brightness of white 
canvas and freshly painted craft ; industrious, animated, pic- 
turesque, it is a joy to the beholder. There is real business afoot 
here too, but where is the tall shipping that used to throng this 
harbor, and where the cosmopolitan mingling of planter, sailor, 
factor and commercial adventurer ; where in a word is all the 
varied life of that busy seaport which in point of interest placed 
it next to Annapolis in eol(»i«l Maryland? As a town of delight- 

213 



214 



MAKYLAND HISTOEICAL MAGAZINE. 



ful home and social life it is supreme to-day, but it kuows a story 
whieli its bright face hides of a deeline from the position of 
ehief point of entry for the Eastern Shore in 1750 to its present 
eommereial unimportance. 

In Boo<jlier's idUcellaneous Americana for 1883, pp. 45—52, 
there is a eontributiou by Mr. Charles Heury Hart relating to this 
busy period in the history of the little Eastern Shore town. It 
contains, among other things of interest, an extract from the 
manuscript " Narrative of the Principal Incideuts in the Life of 
Jeremiah Banning. Written by himself in 1793," and it will be 
well to look at Oxford and its ehief citizen through the eyes of 
the young first mate on an English vessel which traded there in 
the year 1750. Captain Biinnini;-, taking up the pen iu his old 
age, has this memory of the one time metropolis : — 

"What led to the above particulars of !Mr. Morris, was in 
order to give a sketch of the now poor, forlorn and deserted town 
of Oxford, which was at the time of his death, and during his 
agency, and of wliieh he was the principal promoter, the most 
commercial port in Maryland — In those days, Talbot County 
afforded but very few stores. Easton (then called the Court- 
house) not one. Seven or eight large ships, at one time, hath 
frequently been seen layinp; at Oxford, completing their lading. 
It was no uncommon thing to despatch a ship of 600 hogshead of 
tobacco in one fortnight after their arrival. At that time tobacco 
did not undergo a public inspection as now — men skilled in that 
article were employed by the merchants (and who were called 
receivers) to view, weigh and give receipts to the planters. After 
which vessels were sent to collect it, when it underwent a repack- 
ing aud priselng preparatoiy to shipping. After the death of 
Mr. Morris, commerce, splendor, and the agreeable hurry of busi- 
ness at Oxford, gradually declined to the commeneement of the 
Civil War, which broke out in 177C, when it became in a mann«r 
totally deserted as to commeree." 

This is doubtless a fairly accurate picture of the Oxford of 1750. 
With Annapolis and the rapidly growing town of Baltimore, 



A MABYLAKD MBECHANT AND HIS FEIBND8 IN 1760. 215 



it formed a trinity of bay ports which absorbed the greater 
part of the Maryland eommeree. Why it did not survive eom- 
mereially the failure of the Eastern Shore tobaeeo trade, why the 
wheat fields of Dorehester and Talbot did not make it a serious 
rival of Baltimore in the exportation of wheat is difficult to 
determine. In 1750, or certainly a few years earlier, it was as 
Banning says " the most commercial port in Maryland," but 
even then the bustling little town on the Patapseo was freighting 
the grain of Baltimore and Frederick Counties and with each 
year pushing ahead of its elder sister in Talbot. 

The trade situation is so familiar that a bare outline of its 
activities will suffice here. The Maryland Trade, as it was called, 
consisted in 1750 chiefly of the exportation of tobacco and the 
importation of manufactured goods of all sorts — cloth, cotton 
goods, utensils and tools. A small amount of grain and lumber 
sometimes went into a ship which lacked something of having a 
full cargo of the staple. The business was in the hands of a few 
great English merchants such as the Cunliffes, Anthony Bacon, 
the Hunts, the Hydes, the Gildarts and a few others of less 
importance. Each of these houses had an agent or factor in one 
or more of the Maryland ports of entry. 

The house of Foster CunlifFe & Sons of Ijiverpool had its 
headquarters and chief factor at Oxford, another large store on 
the Chester River about twelve miles above New Town, as Ches- 
tertown was then called, and a smaller store halfway between 
these at Head of Wye. The other firms were not behind them 
in the number and strategic positions of their posts. An interest- 
ing chapter of history will some day be written about the rise 
and maturity of these trading concerns which were the foundation 
of Maryland's commercial greatness, the promoters of which 
amassed fortunes, acquired titles and left an undying tradition of 
their enterprise and adventurous spirit in the fields of trade. 
Such a story would not be devoid of romance. 

In the decade from 1740 to 1750, the Cunliffes were fortunate 
in having as their chief factor one Robert Morris, a personage 
known to posterity chiefly as the father of the celebrated Robert 
Morris of Philadelphia, the financier of the Revolution. To his 



216 



MASYI/AKD UmTCmiOXXj UAMAZmE. 



own generation, however, Robert Morris the elder was a figure 
of no little importance, and this was the case not only in Talbot 
County but throughout the Province. Banning has an interesting 
paragraph about the much admired and somewhat tyrannical 
Oxford factor whom he as mate on a Cunliffe vessel doubtless 
m«t on his visits to the Eastern Shore town : — 

"... this gentleman," he writes, " was one of those instances 
out of many to evince, that it is not always necessary to be high 
born and educated to become a conspicuous character. — His great 
natural abilities o'erleaped every other deficiency. As a mercan- 
tile genius, companion and bon vivant, he was incomparable. If 
he had any public point to carry he defeated all opposition. He 
gave birth to the inspection law on tobacco — and carried it — 
though opposed by a powerful party. He was the first who 
introduced the mode of keeping accounts in money, instead of so 
many pounds of tobaeeo. . . . He was a steady, sincere and warm 
friend, where he made professions, and had a hand ever open and 
ready to relieve real distress. At repartee, he bore down all 
before liim. His greatest foibles, that of a haughty and over- 
bearing carriage, perhaps a too vindictive spirit, and to this may 
be added an extreme severity to his servants. . . ." 

This is the gentleman whom his assistant described as " the 
most aceomplished factor (without exception) of all Maryland, the 
famous Robert Morris." He presents an attractive personality, 
worthy of study, but it will be necessary to leave him now to 
make the acquaintance of tliis assistant of his, a certain pepper 
box of a Manxman, Henry Callister by name, indented servant, 
assistant factor and chief faetor of the house of Cunliffe in 
Maryland. 

Although Henry Callister eame to Maryland under articles of 
indenture, yet he sprang from a good armor-bearing family in the 
Isle of Man, a fact of which he was deeently proud. The follow- 
ing extract from a letter to a friend of his later days, given at 
greater length in Seharf's Hidory of Maryland, contains some 
personal details of iatereet. 



A MARYLAND MBEOHANT AND HIS FKIENDS IN 1750. 217 



"To conclude," he says, "in regard to myself: — after a regular 
apprenticeship in a comptiiig house, shop and cellars, at home, 
afterwards two years more in a compting house in Dublin, and 
one year in France, I came over to Maryland for five years at 
£20, with good recommendations. I had indeed the privilege, all 
this while, of selling my own goods in the store; but that cost 
them nothing." 

It was in February, 1742, that Callister came to Oxford and 
began his service as assistant to the factor, Mr. Morris. He 
seems to have been an attractive youth, and he was apparently at 
no social disadvantage on account of his indenture. Well educated 
in the rudiments, a French scholar, a student of the classics and 
of history and economics, proficient in botany and bird lore and a 
performer of note on several musical instruments, he found the 
doors of many congenial people open to him. He became friendly 
with numerous Bozmaus, Goldsboroughs, Emersons and Tripi)es, 
nor did his association with Mr. Morris end when the store door 
was closed. There was no reason that his exile should prove 
unpleasant to him. 

Many of the figures that he touched in daily association stand 
out with distinctness. One of these was the Rev. Daniel May- 
nadier, rector of St. Peter's Parish, Talbot County, within the 
bounds of which lay the town of Oxford. This worthy parson 
was a French Huguenot by birth who had come to the incumbency 
of the parish nearly thirty years before this time. A single sen- 
tence which has come down through two intervening centuries 
sets him before the reader as a being of flesh and blood. In a 
''Character of the Clergy in Maryland" drawn up in 1722 for 
the information of the Bishop of London, Mr. Maynadier is thus 
appraised : — "A Whig of the first rank, and reputed a good liver, 
but a horrid preacher." He left behind him, however, a name 
jsweet in the memory of his parishioners and a posterity which 
continues in honor and good position to the present day. Unfor- 
tunately, his curate was one of the type which too often in 
colonial history has brought scandal on his order. Callister refers 
to him as " a Brute of a Parson," aad be w«s aot greatly over- 
stating the facts of the case. 



218 



MARYLAND HISTORICAL. MAGAZINE. 



It is possible to know a great deal of tlie life and doings of 
Mr. Henry Callister, for he, as a earefiil business man, kept 
eopies of every letter that he wrote which in the least concerned 
his eommereial interests. He wrote his letter first in a stout 
blank book, often with many interlineations and erasures, and 
when it was done to his satisfaetion, he made a fair copy to be 
sent to his correspondent. At his death these letter books fell into 
the hands of his widow, who died many years later at Myrtle 
Grove, the Goldsborough estate in Talbot County. Here the 
"Callister Papers" as they are called remained for over half a 
century, when they were given to Dr. Etha,n Allen, who in his 
turn gave them to the Diocese of Maryland. They are now in 
the vault of the Maryland Diocesan Library, in good condition, 
but showing sad signs of the inevitable decay that paper is heir 
to. They are for the most part written in the clerkly hand of 
Callister, in excellent language and in a style that is at once cleai', 
easy and colloquial. Now and then one is almost startled by the 
intrusion into his pages of the eighteenth century in the form of 
coarse Anglo-Saxon words and ex])rcssious to which our delicate 
ears are all unused, but which somehow bring ns into very easy 
and friendly relations with their writer. One finds in these letters 
a dependable picture of life in Maryland from the year 1740 until 
the period of tlie Revolutionarj' War. 

The first item of general interest is a passage in which Mr. 
Morris' newly arrived clerk describes to a friend at home the 
shorteomings and advantages of residence in Maryland. A part 
of it has been quoted before this, but the entire passage is worthy 
of attention ; — 

"Imprimis, The Country being altogether wild & savage at 
the first discovery, it was found to be an immense forest, full of 
Vermin of various sorts and sizes. European merchants have 
found it their Interest to introduce a new brood of Vermin weh 
they keep the Country supplied with, viz. Cats, Dogs, Negroes 
& Convicts. We are swarming with Bugs, Muskefcoes, worms of 
every sort both land & water, spiders, snakes, hornets, wasps, sea 
Nettles, Ticks, Gnats, Thunder & Lightening, excessive heat. 



A MARYLAND MERCHANT AND HIS FRIENDS IN 1750. 219 



excessive eold — irregularities in abundance, I mean aeeording to 
our Notions of regularity; Great variety of strange Birds, Beasts 
& fishes, trees & plants. Nothing less than a whole Volume 
eould give you a Catalogue of the rarities of this new World. 
The best Character of the Country, I think, is, that the indus- 
trious may live very well here; those that love pleasures, but 
poorly ; & no Eneouragement for Thieves — This is the Purgatory 
of Rogues & Fools. 

Our F ir6s are wood, Our ITouscs as good j 

Our Diet is Sawng & Homine. 
Drink, juice of the Apple, Tobaccoe's our Staple, 

Gloria tibi Domine." 

This is not a flattering description of the land of his adoption, nor 
does its writer ever wholly cease to be a critic of Maryland and 
its people. 

Beginning with a letter of July 28, 1745, there is a series of 
them which contain references to something which must have 
been a very pleasant event in his life, that is, the coming of the 
Rev. Thomas Baeon, that ornament of the colonial clergy, cele- 
brated chiefly as the compiler of the great work which is insepa- 
rably connected with his name and fume, Bacon's Laics of Mary- 
land. The first mention of him is in these words — in a letter to 
one of his brothers 'in the " Island ": — 

" This Mr. Baeon you spealc of I suppose is brother to J»Ir. 
Anto. Baeon who kept a store ou this River and is now a Mer- 
chant in London, for I heard that one Bacon, a Brother of his in 
Dublin who wrote a Book of Rates, was expected in tliis Country 
after getting orders in London to be inducted Parson of our 
Parish, and that he had another Brother in Dublin who kept a 
Coflee House." 

And iu November, 1745, he writes as follows to his friend, 
Billy Tear of Douglass, where he had formerly lived in the Isle 
of Man :— 

" I should have pass'd for a tip top Musician if the Revd. Mr. 



220 



MARYLAND HISTOEICAL MAGAZINE. 



Bacon had not come in, he handed me your Letter & some others 
from Douglass, immediately upon landing he found the way to 
our house & stay'd with me abt. ^ day. He has been to see us 
several times siuce, & at our parish Church he has given us 
several Sermons which have got the better of most of the Audi- 
ence — there are a few blockheads who have aspersed his & his 
wife's characters, but as he will always be known to the best of 
people, what the fools say will not liurt him. He is a very agre- 
able Companion, & a sober & learned Man. His performance on 
the Violin & Violincello has afforded us much delight & his 
Conversation as much. I have a, pretty sett of Musick & he has 
still a better. We have a Brute of a Parson here in our parish, & 
the Vestry & people would be glad to turn him out to make room 
for Mr. Bacon, but the latter will not be conccru'd as he compas- 
siomtes the others misfortuucs. We shall prevail on him at last 
to accept a good salary. Tlie ordinary sallary wd. not be much 
but the extraordinary Subscriptions he wd. get if he wd. stay 
with us would be worth his while. He has in a very little time 
got the Esteem of numbers of our best People ; He is still a 
Neighbor, but T am afraid he will leave ns as soon as a vacancy 
iu some other part of the Province offers for him." 

A week later he writes to another brother at home on the same 
topic : — 

"I received with Pleasure yours of the 18 June wch was 
handed me by the worthy Mr. Thorn. Bacou, whom I am in great 
hopes we shall retain among us, he is very much esteem'd by the 
best of our people, & almost universally, he is a clever fellow, 
& I believe a good Man. \ye liave several consorts (stc) together 
& may have frequent opportunities to divert ourselves that way. 
He is receiv'd Curate of this parish & is allowed by the Parson 
who is an Invalid 20 thousand pounds of Tobo. per An. with 
the perquisites wch may amount to 5 or 6 thousand more, wch is 
a very good Living, & when the old parson dies, wch he will 
in a very little time, I hope he'U get the Birth, it is abt. 50 
Aous'd pd. Tobo. per An. weh i« worth in tiie Coantry one year 



A MAEYLAND MKECHANT AND HIS FKIKKDS IN 1750. 221 

with another £500 paper money or £350 stl. & as Parsons are 
allow'd to trade with their Tobo. if he will ship it to England, it 
may produce as much more per an." 

And next year his enthusiasm is as great as ever, for he tells 
his friend, Billy Tear, that Mr. Bacon is " a very considerable 
Man here & in great Esteem with every great Man from the 
Governor to the Parish Clarke. I am very happy in his Con- 
versation & friendship, & so is every one that is acquainted wit-h 
him. I have sent you inclosed a Couple of his Minuets wch are 
excellent." 

Mr. Bacon scarcely had time to get settled as curate of St. 
Peter's when Mr. Maynadier died, and he was inducted in his 
place as rector of the parish. Before a year was out it became 
necessary to enlarge the parish church at Whitemarsh by one half 
its former size. About this time in a letter to his friend Mr, 
Henderson, Callister says, " I presume you have been acquainted, 
in the Island, with Mr. Thomas Bacon. He is now our parson, 
and I think him the worthiest clergyman I ever knew, not except- 
ing the Bp." The prelate here referred to is Dr. Thomas Wilson, 
Lord Bishop of Sodor and Man, the author of the Sacra Privata, 
a famous book of devotion, and a sort of divinity among his 
Islanders. Mr. Bacon's popularity is unabated as times goes on, 
and he is found living next door to Callister in Oxford, six miles 
from the parish church at Whitemarsh, When, a year or two 
later, Callister moves his abode to Head of Wye, Bacon likewise 
removes to the now almost forgotten town of Dover in Talbot 
County, only twelve miles distant from his friend. Thus the 
intimacy was kept up between the fellow exiles from the Isle of 
Man. 

The previous history of the industrious compiler of Maryland 
laws is not very well known. It is certain, however, that he was 
a clergyman by conviction and not for the reason that he had tried 
and failed at everything else. Bom in the Isle of Man sometime 
about the beginuing of the century, he Avas in all probability 
educated for the law or the civil service. As early as 1737, while 
a resident of Dublin, he ba^ published a volume by offidal order. 



222 



MARYLAND HISTOEICAL MAGAZINE. 



entitled "A Complete System of Revenue in England." It was 
said to be a valuable and useful work. After the period of his 
Dublin residence, he seems to have spent a few years in travel 
and study, and almost nothing is known of him until the year of 
his preparation for Holy Orders and his ordination in 1744. He 
was trained and ordained to diaconate and priesthood by tlie well 
beloved Bishop of Sodor and Man, and the next year he set out 
for Maryland, where he had au appoiBtment as Chaplain to Lord 
Baltimore. 

It is necessary briefly to sketch the afiFuirs of Europe during 
this decade from 1740 to 1750 in order to arrive at a proper 
understanding of the lesser drama being played in Maryland. 
On the Continent the War of the Austrian Succession was raging, 
and as one consequence, French and English were at each otiier's 
throats wherever they met throughout the world. And as ten 
years later, the Seven Years War had its American phase in the 
French and Indian "War, so in 1744 at the outbreak of the Euro- 
pean disturbanees, the English colonies in America began to make 
preparations, offensive and defensive, against their neighbors in 
Canada. The Callister letters arc replete with incidents of the 
following years of predatory war. The reader hears from an 
approving coutcmporary the incident of Benjamin Franklin, the 
printer, forming a militia company in Philadelphia in spite of the 
opposition of a Quaker government ; of Indian treaties ; of 
engagements by land and sea ; of hopes for victory, and not 
least, of the writer's contempt for the part played iu the conflict 
by the Province of Maryland. In tlie year 1746, he fiuds Cal- 
lister, the Whig, rejoicing at the defeat of the Stuart Pretender 
in tlie Jacobite Rebellion of that year. There was no " Charley 
over the water " sentimeut in his make-up. 

The following extracts from the letter books tell their own 
story : — 

Oxford in Maryland, 25 November, 1744. 

" Immediately upon the News of your haviug declared warr 

against France in England ^Yo did the same in Maryland, & a 
pretty condition we are in for warr. I hope our Neighboring 



A MARYLAND MERCHANT AND HIS FRIENDS IN 1750. 223 

Colonies will fight for us North & South, & the Indians have 
promised us they wont let the frent-li eome down upon us on the 
West. But I believe there will be no attempt made upon us, our 
poverty will protect us." 

(Postseript to another letter of same date) : — " I have sent 
enclosed a Treaty lately concluded with the Indians, whieh will 
give you some insight into the Genius of those people we bru- 
tishly call savages. I hope it will be entertaining to you & 
your friends." 

The following paragraph written nearly a year later is amusing 
and of interest to the students of the period : — 

4 May 1746. 

" Our Parliament had a sitting lately, they did no business but 
to grant 100 pounds stl. to be given the Indians to engage 'em 
on our side against the French, who it is said have been tamper- 
ing with them. The meanness of the Present, Bribe or subsidy, 
whatever it may be term'd is matter of ridieule to our neighbor 
Colonies, the Pcnsilvanians say it is intended to furnish the 
Indians with jewsharps, & the Virginians call it a present of an 
Indian Tomhawk, but as the Governor more seriously expresses 
it in his Speech at breaking up of the Assembly, " they have put 
the Province to £600 — Expense to give £100 — to the Indians," 
& desires them to consider the absurdity of it at their next meet- 
ing. There's a great d«il of bad blood between tiiem, whieh 
hinders tlieir doing of business." 

Two months after the fall of Lonisburg, he writes : — " We 
expect to be masters of Canada in a little time. We have raised 
300 men in Maryland to join the New Englanders. We fiirnish'd 
them a good part of their Cloathing, the Manks Cloth & ... is 
the Livery, faced with red & blue half thieks. I don't think 
there's above a score of the Natives or Country Born in these 
three Companies — the remembrance of the Spanish mtissaore is 
terrible to them." 



224 



MARYLAND HISTORICAL MAGAZINE. 



In another letter of the same date, he is still more caustic in 
his comments. " We are indeed," he writes, " a parcel of mean 
spirited fellows in this Province. We muster but 300 men 
towards the expedition & but abt. a score of them Marilanders, 
— they are still worse in Virginny." 

That he was not a mere critic, however, the following sentence 
tells : — "I was the first that beat up for volunteers & in 1/2 hour 
got 15 men, it was 15 da. before tliey got 15 more." 

In justice to the Province, however, it should be said that Ban- 
croft's figures for the New England detachments are not greatly 
in excess of these of Maryland. Connecticut sent five hundred 
and odd men to Louisburg, and New Hampshire but three 
huudred and four. Canada was too far from Oxford for a great 
deal of enthusiasm to be expended upon its capture, but Callister 
saw that it was most decidedly to the interest of Maryland ^at 
the war should be brought to a close as soon as possible. 

With a truly British assumption of being in the confidence of 
the Deity, and not disdaining a pun, he writes as follows : — 
" M. D' Anville has been with his Squadron on tlie N. England 
Coast but has felt the hammer of Providence on his head : as 
Providence has had a visible hand in our Successes on this Conti- 
nent, it would not suffer its designs to be frustrated, which were 
I hope to put so beneficial a Trade into the hands of a people 
more deserving than the Usurpers of universal Tyrrany." 

As late in the war as April, 1748, he is still wrought up over 
the inertia of a colony dependent almost for existence upon its 
export of tobacco : 

" If they shd. attempt this Province, we are but in a poor 
Condition to make head against them. But before they can come 
at us they must clear a passage thro the neighboring Colonies, & 
we imagine our Friends are sufficient to withstand them, therefore 
we are easy, & all we contribute is fine words & good wishes." 

The Maryland planters were more nearly affected by this war 
than is at first sight apparent. It was the beginning and the end 



A MARYLAND MERCHANT AND HIS FRIENDS IN 1760. 225 



of the Eastern Shore tobacco trade, and the reader can follow 
from year to year its steady decline in the letters of the Cun- 
liffe's agent in Oxford, for the burden of his writing and its 
reason for being vas the buying and selling of the staple. There 
were certain unusual features in the Maryland Trade which made 
the French War more harmful to it than to that of the other 
southern colonies. 

For some reason, climactic or chemical, the Maryland crop 
consisted largely of what is known as the Oronoco tobacco, a 
heavy, dark, strong flavored leaf extremely unpopular with 
tobacco users in England. Almost the entire Maryland crop and 
a good part of the James River product was sold to Franec where 
it was in demand by the French East India Company, a royal 
monopoly which operated four great factories in as many cities in 
that country of smokers and snufiF users. The French company, 
being a monopoly, was represented in England by a single buyer, 
who if he were clever, and he generally seems to have been so, 
could play one merchant against another until he forced the price 
down to as much or as little per pound as he cared to give for It. 
As early as 1728 this procedure began to be a great burden on 
planter and seller alike, and in that year an association was formed 
by the London merchants, the object of which was to name an 
average price, three pence per pound, beneath which no one of 
them should sell to the French agent. The proceedings of this 
body were pi-csented to the people of Maryland in a pamphlet by 
Henry Darnall, printed by W. Parks of Annapolis in 1 728. This 
"Just and Impartial Accouut," etc., a transcript of which is in 
the possession of Mr. Clarence P. Gould of this Society, is a most 
reliable source for the history of the Maryland tobacco trade. 
Unfortunately the merchants failed to hold together as agreed, 
and once more and finally the French agent had his will of them. 

Of course, the merchants suflFered greatly from these methods, 
but as the duty was remitted on tobacco reexported to France, 
they had some alleviation. The planter, however, had no such 
relief, and it is easy to see that on the Eastern Shore anyhow the 
culture of tobacco was doomed. The two long wars with France, 
scarcdy five years apart, during whiA all trafic save that of the 



226 



MARYLAND HISTORICAL MAGAZINE. 



smugglers was at an end between that country and England, 
hastened its extinction by many years. A commodity could not 
long hold its place which had to contend against a small market 
in England, a closed market in Erance and the high insurance 
which was demanded on account of the French privateers. The 
Eastern Shore planter gradually began to find grain more profit- 
able than tobacco, wherefore he planted grain in its stead, but 
before the transition was complete there was to be mueh ruin 
among planters and merchants. 

A curious survival of old custom is found in the fact that the 
bulk of the Maryland crop of today is shipped to France for 
Freuch consumption, and probably the government monopoly 
still gets it at its own price. In spite of Revolutions, falling 
dynasties and a thousand changed eonditions in both eountries 
during the two centuries, this ancient trade between them has 
gone on in a steady and unfailing, howbeit an almost forgotten, 
current. 

With this outline of the situation in mind there are found to be 
fewer puzzling things in the steady decline of the trade as shown 
in the Callister letters, the writer of which was finally caught in 
the downfall of King Tobaeeo. In 1 744, however, he is con- 
cerned chiefly with the necessity for an inspection law for the 
protection of all parties iu the business. In August of that year 
he writes, "The large quantities of bad Tobacco exported here 
must be without doubt discouraging, & ruinous to the Trade, the 
greatest comfort we have with regard to the quality of it, is tliat 
we are assured our neighboring Factors ship a great deal more of 
the same sort." There is so much dissension in the Assembly 
that the inspection law will not go through, but "iu the mean- 
time Mr. R. Morris has made a law to his receivers wch may 
answer the end as well, for an Inspection Law would intitlc the 
Tobo. to a price, whereas this makes no alteration that "way, it 
only fits it for the market." 

A year later the outlook is better, for he writes to his 
employers : " I daresay you will meet with very little bad Tobo. 
this year — most of the planters are yet as great knaves as ever, 
but the receivers are not so, they refuse I believe 1/3 part as much 



A MAEYLAND MERCHANT AST) HIS FEIEKDS IN 1750. 227 



as they receive, and the Planters eiiU it over again and get some- 
times a hogshd. of good out of 2 or 3 bad." It is evident that 
Morris' regulation Avas effective, and it is said that it was his 
influence which secured the final passage of the Inspection Law 
of 1747. Without a doubt the colonial parsons who complained 
of their ' 30 per poll ' being paid in ' trash ' tobacco had a just 
ground for grievance, for the planter would be fairly sure to pay 
them from the two or three liogshmds which the receivers refused 
to pass upon. 

There seems to have been perpetual warfare between the factor 
and the planter. Callister must sometimes reject half a man's 
crop and give him a very low price for the other half. The 
Planters thought Mr. Callister a hard bargainer, and Mr. Cal- 
lister thought them a lazy, shiftless, unreliable lot, some of whom 
were manageable, he says, only by " mueh dissimulation if not 
downright lying." " It's a sad thing," he complains, in a letter 
of the fall of 1746, "to liear the Planters cursing us continually 
{erased "for fixing the price of theii* Tobo"). We advise 'em to 
curse the King of France, they'll do that readily, but at the same 
time it does not lessen their spleen agt. us, but we have the advan- 
tage of them & our shot seems to take place while theirs fly over 
our heads. But I am sure it will not hold long, for they must 
be forced to leave off making Tobaeeo." He says that the 
planters have as great "an aversion to bonds & settlements as to 
Fever," and is very emphatic in the remark, "I never knew a 
good honest Mary lander that was not got by a Merchant." 

There is a great deal more in these letters than it is possible to 
quote here about Inspection Laws, the prices of tobacco, lumber, 
" melasses," rum, cottou goods and all the articles in which the 
Maryland Trade busied itself To one interested in the economic 
history of the state, Mr. Callister's letter books are even more 
illuminative than they are in other connections. 

The personal affairs of Henry Callister are worthy of a 
moment's attention. As one would expect, there are in his first 
years of exile, times when he longs for the faces and things of 
home, and the reader of his letters is hard indeed who does not 
feel sympathy for the young man begging his friends to send him 



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MAKYLAJTD HISTOBICAL MAGAZIKE. 



some English song birds, or more frequently, some Manx wild 
flower seeds, no matter how common the variety. He does his 
part in a rather one-sided correspondence with certain ones in the 
Isle of Man, notably his brothers, Evan, Hugh, Robin and 
Anthony, and his friends, Mrs. Dufonr, Mr. Billy Tear and one 
William Henderson, who signs himself " The True Blew Inde- 
pendent Whig." He loves the " Island " and its people, but his 
ambition is greater than that of even its largest merchauts. 
Hence his exile and bonds. But in spite of his lung absence from 
them he remains the head of his family and the adviser of its 
various members and his and their friends. They all run to him 
for financial help and counsel, and send their black sheep to him 
for bleaching. They never find his purse strings so tightly drawn 
that he cannot open it for their necessities, and in spite of discour- 
agements he is always ready to take their wild youngsters into his 
house in the endeavor to make men of them. 

As time goes on, however, his "false friends'" at home seem 
to forget him, and he rarely hear news from there save it be bad 
news. One lady spread the report that he had jilted her, but he 
settles that matter by wiitinp; to the friend who lias sent him this 
bit of gossip — " I declare before God, I never to my knowledge 
as much as told her I loved her, wch is a preliminary indispen- 
sably necessary to such eugagements." 

His experience with one of the young men whom he tried to 
make into a merchant is amusing. Of this lad, he wrote that "he 
had such an itch for giving, that pressing me frequently to accept 
of a sett of fashionable silver vest butts. I at last in order to 
prevent his giving them to some other accepted of them, & made 
him in return a present of the same butts, upon wch I thot. he 
would keep them, as gifts seem to have that sanction. But since 
his departure I have been credibly inform'd he sliott them every 
one as bullets at wild Ducks, & one of them was found lodged in 
the Body of a Duck he kill'd." Tlie penny saving factor intent 
upon bettering his family fortunes could not understand this sort 
of prodigality. 

When the days of his indenture had been fulfilled, Callister 
agreed to become Mr. Morris' assistant for a year from that date. 



A MARYLAND MERCHANT AND HIS FRIENDS IN 1750. 229 



Febraary, 1747. He writes to one of his brothers : — "I have 
accordingly agreed with him from year to year (for I have 
enough of bonds) at £35 and the privilege of 4 hhds. of Tobo. 
portage." In another place he congratulates himself that ten 
pounds in America go as far as forty in England, and a little 
later he confides his future prospects to one of his correspondents 
in these words : — " As to the head place here, it is a place of great 
profit indeed, & I without doubt must expect to succeed to it, but 
while it is filled by the persons now in it I am quite satisfied & 
very well." He is a faithful servant to the Cunliffes, always 
considering their interests before his own, and before long he has 
established a fine reputation with them for exceeding industry 
and commercial probity. Of his honesty and worth he is frankly 
conscious, but he is one of those persons who can be self-apprecia- 
tive without giving oiFensc. 

In the summer of 1747, his indenture having become a thing 
of the past, he is sent to establish a store at Head of Wye, a 
strategic point half way between the other two Cunliffe factors 
at Oxford and on the Chester River. Here, in spite of the fact 
that the ground was already well occupied by stores, and of other 
adverse circumstances, he by very severe labor succeeds in making 
good his firm's footing. He is beset by " Fevers and Agues " in 
this place, and writes to one at home ; — " If I am so unhappy 
another year, I'll rather take up with a state of indigence than 
suflFer a third." His stay there is made tolerable by a very happy 
event in his life, his marriage to a lady who as it turned out was 
the only lasting treasure that he acquired on eartli. 

On the first of August, 1748, he announced to one of his 
correspondents the news of his successful venture and a further 
step which he had previously deferred : — " I have taken Wife — 
like a good Christian & am become a Natural of the country or 
Country born as some call themselves." And later to another 
friend, he is more explicit : " O strange revolution," he writes, 
" I am a husband, I am married to your favorite Sally Trippe." 

This lady was Sarah, daughter of Henry Trippe II, born in the 
year 1731. She was married to Henry Callister June 11, 1748. 
Of their six children, the oaly boy died in infency, and three of 
2 



230 



MARYLAND IlISTOEICAL, MAGAZINE. 



the daughters either died in youth or remained single. Of the 
other two, Margaret married John M. Kennedy and became 
the mother of a line of naval officers of that name ; Elizabeth 
Emerson married St. George Peale, the brother of Charles Wil- 
son Peale the artist, and had two children who died unmarried. 
The following sentiment from Henry Calltster a few months after 
entering upon matrimony is tlie sum of his marital experience : — 
"Without that one article Love, if you were the greatest man 
in England, I should only think you the greater wretch." 

About this time Callister describes himself as being in as good 
a condition for trading as any in Marylaud except his masters. 
Tliis is evidently a period of prosperity with him, for he spent 
considerable money on his housekeeping arrangements. He 
expresses it very emphatically by saying that " my furniture 
alone at one slap cost me upwards of £100 sterling." He has 
£A0 a year salary, the free portage of 4 hogsheads of tobacco 
yearly, the privilege of £100 private trade a year and the right 
to take what goods he needs from the store at prime cost. None 
the les*^ he complains that he has been eight years in Maryland 
and is not worth a groat. 

During these years his intimacy with the Rev. Thomas Baeon 
continues. A musical society of which they arc moving spirits, 
meets regularly at the houses of different ones of its members, 
and both Callister and Bacon seem to be versatile j)erformers, the 
latter having in addition, a very pretty talent for composing. 
They are associated also in an almost forgotten project which 
reflects greater honor upon the philanthropy of JNIr. Bacon than 
his book of Laws does upon his learning and industry, that is, 
his Chariiy Working School, the only institution iu colonial Mary- 
laud solely for the education of the poor of all races. 

Mr. Bacon had set an example in the Province in regard to 
the Christian education of negro slaves which was not generally 
to be followed by either clergy or laity for many generations. 
It was probably his work among the negroes which led him to 
the project of founding a sort of manual training or industrial 
school for poor children. In a subscription paper circulated in 
1750, he remarks upon the "profanmess and debauchery, idle- 



A MARYLAND MEBCHAKT AND BIS FSIBNDS IN 1750. 231 

ness and immorality . . . especially among the poorer sort in this 
province," and asks for yearly subscriptions "for setting up a 
Charity Working School in the parish of St. Peter's, in Talbot 
County, for maintaining and teaching poor children to read, 
write and account, and in instructing them in the knowledge and 
practice of the Christian religion, as taught in the Church of 
England." A few months later he had seenred from a goodly 
list of subscribers, among them the Proprietary and Lady Balti- 
more, Ceclllins Calvert and Bishop Wilson, a sufficient sum for 
the running expenses, and in the course of a few years his sub- 
scriptions permitted the purchase of one hundred acres of land 
and the erection of a substantial brick home and school. Thns 
in the year 1755 and for many thereafter Talbot County boasted 
a fine charity school, but thirty years later, when Bacon and 
nearly all the original Trustees were dead, it was turned over to 
the County for use as a poorhouse. The institution seems to have 
becu born before its time in so far as Maryland was concerned. 
Mr. Bacon's satisfaction in the success of his work must have 
been sadly tempered in the next two years by the successive 
deaths of his wife and son, the latter just approaching manhood. 
In this sad state we must leave him now, and go back some years 
to a dramatic event in Oxford, n^rly afPecting all of the little 
group of porsfins whose lives wc are inquiring into this evening. 

One night in the summer of 1750, Mr. Robert Morris, the 
story says, dreamed that on the next day he would be fatally 
injured by the wadding of a gun fired in his honor as he left the 
side of a full laden, homeward bound ship of the fleet of Foster 
Cnulitfe & Sons. So impressed was he by the dream that he 
asked the captain of the vessel to omit the usual salute on that 
day. After some talk it was agreed that the cannon should not 
be discharged until the factor's rowers had carried him so far from 
the ship's side as to render it impossible for such an accident to 
occur. But by some mistake of a signal, the gnu was fired too 
soon, the wadding struck him on the arm and wounded him so 
severely that he died a few days later. That salute was in truth, 
as his epitaph says, " the signal by which he departed." His 
death in the prime of his powers was a serious blow for the 



232 



MARYLAND HISTOEICAL MAGAZINE. 



Maryland Trade in general and for the town of Oxford in par- 
ticular, but Captain Banning was unphilosophical in attributing 
to it the decline of that city. 

The following extract from a Callister letter to Robert Morris 
of Philadelphia many years later, must constitute a last view of 
the " most accomplished factor in Maryland ": — 

" He seemed at the first for some time my enemy ; but it was 
a mistake ; before his unlucky death, I am much mistaken if, 
barring that cursed accident, be would not have preferred my 
friendship in his last days, as indeed he made a beginning which, 
however, produced more profit to Messrs. Cunliffe than to him 
or me. 

" You are perhaps yet too young to read lessons of mortality. 
I shall not plague you with them. I shall only tell you that I 
was the last that spoke to your father and the last that heard him 
speak (for I make no account of two or three old women in the 
chamber). At his request, I read him Plato's Phaedo, with 
which he was extrcamly pleased, and I am confident he died with 
less pain than he would have done without that. I have the last 
place in his will, but it was written before he contracted friend- 
ship with me — and his death was too sudden." 

A portrait of Mr. Morris by Gustavus Hesselius, a copy of his 
will, his epitaph and other items of interest concerning him may 
be found in that volume of Boogher's Miscellaneous Americftna, 
already referred to. 

Upon the death of Morris, John Hanmer succeeded to the 
Oxford factorship, and Callister was promoted to the latter's 
place in charge of the Chester River store. His stay there was 
not more than three or four years in duration, and most of his 
letters for that period are missing or of little interest. The one 
item that has any historical, social or economic value is the terse 
statement made in July, 1751, that "Tobacco is damned dear 
now." 

About 1754, Callister came back to Oxford as chief factor of 
the firm which by the death of Foster Cunliffe had become Sir 



A MABYLAND MEBCHANT AND HIS PBIENDS IK 1750. 233 



Ellis Cunliffe & Brotlier. He is still the faithful servant of the 
English house, but more and more he is taken up with his private 
ventures. He is tremendously busy, but we find that he still has 
time for the duties of friendship, and tliere are some entertaining 
letters from Mr. Bacon, which serve the double purpose of giving 
the reader a pleasing social picture and a glimpse into the charm- 
ing personality of the writer. 

It is decidedly worth knowing that the editor of that ponderous 
volume of Laws with which one unconsciously associates liim was 
human enough to chew tobacco, to give dancing parties and some- 
times to tease his Avife. It should be said that this was his second 
wife, a daughter of Colonel Thomas Bozman. Bacon's marriage 
to her after her divorce from a bigamous husband involved him 
in endless litigation and gave opportunity for his enemies to 
spread evil reports to his injury. A letter which the heavy hand 
of time has abbreviated, contains a peremptory invitation to a 
party which was doubtless of the most pleasant sort. 

"Heney Callister, 
Sir— 

You and your Wife are hereby required to appear personally 
at my Habitation . . . Ghoptank on Friday next at or before the 
usual (hour for dinner), to assist at demolishing a Sirloin of 
(beef), &c., &c., which shall then and there be ready. (We 
shall) spend the Evening in Music, Chat, Cards, or (whatever) 
amusement (as) to the Company shall seem In o(rder). You are 
permitted to bring your dancing Pumps, (and prepare for an 
evening) of ^Mirth and good fellowship. ... Of all which you are 
not (to fail to perform) on peril of wanting Tuberose, Eagle 
Flowers and Importance for the Decoration of your Garden this 
(summer). 

Given under my hand, etc., etc. 

Thos. Bacon. 

Can't you & yr Wife come up on Thursday, and we can spend 
the evening snugly together without Interruption ? " 



234 



MAKYLAIJD HISTOKICAL MAGAZINE. 



Another letter to Oxford some time later relates wholly to 
housekeeping matters, and it might have been written by a J\lary- 
land country gentleman of today for any difference that it depicts 
in manner of living between then and now. It is to Mr. Callister. 

Dr. Sr. 

I want three Groce of Corks and a good Garden spade per 
Bearer, what my Wife wants shall be set down in Course if that 
can ever be known or found out, for such are the Wants of 
Ladies it takes them a good while to consider & recollect what 
they are & when the Letter is dispatched they generally discover 
many wants more — Imprimis, some Colly Flower Plants, some 
off-setts of white Currants, — two sheets of yr largest Pins, Pars- 
ley seeds, Melon seeds, Beans & Pease, Parsnip, Turnip, Radish, 
&c. Any garden ware fit for planting. — I thought I had done 
but my wife cries — Oh ! Butter, honey, don't forget Butter ! — 
you know we can't get any here for Love or Money, and may be 
Mr. Callister can spare you a few pounds. — Well, to finisli. Com- 
pliments in general, Good wishes and cordial Friendship in par- 
ticular with great Esteem concludes mc, 

Yrs. &c. 

T. Bacon. 

Soon after this in 1758, Bacon left Talbot to become rector of 
All Saints Parish, Frederick, the largest and richest parish in the 
" three counties," to use a Maryland expression recorded by Cal- 
lister as meaning the whole Province, It was said by Eddis a 
few years later that this parish was wor& one thousand pounds 
sterling a year. It is no wonder that Beunet Allen left no 
expedient untried until he had become its incumbent. 

The single item of interest that can be found relative to 
Bacon's rectorship of All Saints is a letter to his vestry proposing 
the formation of a charity school for negro girls and outlining a 
plan for a system of Circulating Schoolmasters throughout Fred- 
erick County. From various sources, it appears that he met with 
the same popularity here that had been his in Talbot, and that he 



A MABYLAND MEECHANT AND HIS FRIENDS IN 1750. 235 



was in the same degree the father o£ his parish. But the chief 
labor of his years in Frederick was the preparation and publica- 
tion of that work which, having outlived its usefulness as a 
practical legal code, has become the greatest single source book 
of Maryland history. This, of course, is the Laws of Maryland, 
published by Jonas Green of Annapolis in 1765. The paper and 
types were imported from England, and it is said to liavc been 
the handsomest piece of bookmaking from an ante-Eevolution 
press. It is certain that few book? of greater beauty of execution 
have since been printed in America for general circulation. 

The first intimation of his labors on this great work appear in 
a letter from him to Henry Callister of March, 1757. It is a 
sad letter, written at a time of persecution, and its tone isiu sharp 
contrast to that of tlie previous ones here quoted, A part of it 
must suffice : — 

" I write to you with the Freedom of a Friend, as I shall 
always stile you, though God knows, few are the Friends I have 
now in the World. If you have any good News by your Ship, 
on whose Arrival I wish you Joy, please let mc have a Sketch of 
it ; if bad, keep it to your self, for 1 have had no other for some 
Time past, and begin to be heartily tired of it. I would not 
write to you on such a Scrap of Paper, if I had plenty as for- 
merly ; but the Man without Money or Credit must do as he can. 
Musick is departed & gone into another World from me. The 
Laws are my only Employment and Amusement, yet they are a 
dry sort of stuff, and sometimes apt to stick in the Throat." 

By this time the two or three previous editions of the Mary- 
land laws were out of date and largely out of print. Neither the 

parson, the justice nor the attorney knew just where he stood on 
a point of Provincial law without a trip or a letter to Annapolis 
or some other place where had been preserved the yearly issues of 
Acts of the Assembly. There was a real necessity for a book 
which should give under one cover the title of every act since 
1638, printing in full such laws as should be in force at the time 



236 



MAKYLAND HSSTOBICAL MAGAJ?IiIE. 



of publication. Bacon's proposals for such a work, howerer, we 
learu from the Sharpe correspondence, were coldly received. The 
political party called the Patriots held that certain laws had been 
rescinded, and attacked Bacon for his proposed inclusion of them 
in his book. Mr. James Bisset of Baltimore seized the oppor- 
tunity to publish his wretchedly printed "Abridgement," a work 
not in the least trustworthy, but for which, ovving to the political 
situation, he obtained subscribers enough to impair seriously the 
sale of Bacon's work. But the latter's friends, notably the Pro- 
prietary, Governor Sharpe and many of the first men of the 
Province supported him with such generous donations that the 
work was finally issued in 1765, a monument of conscientious 
labor and pains for which the Province and State of Maryland 
are under a lasting debt to him. 

Three years later, in 1768, Mr. Bacon died, leaving a Avidow 
and three daughters. He made his mark deeply enough in the 
institutions of his day and place to cause men in after years to 
expend great pains iu learning what manner of man he was. The 
consequence has been that he cannot be forgotten as long as there 
;ire found any interested in the early days of Maryland. I'^ull 
and interesting accounts of his life and work arc to be found in 
the Harrison Collection of Papers Relating to the Religious His- 
tory of Talbot County (Md. Hist. Soc), iu an article by Dr. 
Ethan Allen in the American Quarterly Church Review for 
October, 1865, and in an article by Dr. B. C. Stciner in the 
Independent for August, 1899. 

Returning to Mr. Callister of Oxford in the year 1755, we find 
him engaged in a work of charity which appeals to the imagina- 
tion of everyone who has followed the stricken Evangeline in the 
search for her Acadian lover. One of the first steps of England 
in the prosecution of the French and Indian War was the seizure 
of Nova Scotia and the transportation of its supposedly neutral 
Acadian inhabitants to various parts of English America. About 
nine hundred of these unfortunates were brought to Maryland 
and landed principally at Baltimore, Oxford and Annapolis, and 
that the welcome they received corresponded exactly with the 
degree of pleasure they felt at being there is evidenced in certain 



A XABYLAND MEKCKANT AKD HIS FBIES-DS IN 1750. 237 



sentences from a letter of Mr. Callistcr to Anthony Baeon of 
London, cuelosing an address to the Throue for the relief of the 
French Neutrals, as they were called. The matter is treated 
fully iu Seharf's History of Maryland and by Basil Sellers in the 
Maryland Historical Magazine for March, 1908. 

" These poor wretches," Mr. Callister writes in the latter part 
of December, 1755, " have been here at Oxford ever since the 
8th current, and nothing yet has been done for them by tiie 
public. . . . jSTobody knows what to do ; and few have charity 
for them but myself." His interept took the form at this crisis 
of their fortunes of finding homes for them and supplying the 
destitute among them with food and clothing, and as his wards 
were Papists he met with some opposition at first, but afterwards 
received material assistance from many people of the neighbor- 
hood. A collection, to which Mr. Bacon contributed three times 
more than the rest of the congregation together, was taken up in 
Whitemarsli Church for the relief of the poor, distressed Freucli 
exiles of Acadia." The following address to Governor Sliarpe 
witnesses very emphatically the nature and extent of Mr. Callis- 
ter's services to these people whom he pitied in spite of his 
thorough approval of their dispersion as a necessary political 
measure ; — 

" We the undersigned, residents of Acadia, declare with truth 
that we have not received any provisions from the King since the 
7th of December ; and since our arrival here Mr. Callister has 
provided us with provisions, or by his means, until the present 
time [Circa Jan. 17, 1755). Our captain has declared to us that 
he had no more provisions to give us. We were reduced to die 
of hunger, saving the assistance of Mr. Callister. We can say 
with truth that he has saved our lives." 

The greater part of these provisions and clothes came from the 
Cunliffe store, but it seems that the factor had to pay for them 
from his own purse. There is some interesting correspondence on 
this subject among the Callister letters. 

About the year 1758 in the very midst of the French and 



238 



MAKYULND HiSTOiCICAL MAGAZINE. 



Indian War the Cunliffes determined to withdraw from a rapidly 
decreasing trade. Unhappily Callister and his masters must part 
with some bitterne§s. The separation seems to have torn aside 
the veil from all the accumulated grudges and jealousies of both 
sides during the seventeen years of their association, and in after 
years their relations were never quite as friendly and cordial as in 
former times. The American factor, invested with a great deal of 
responsibility and given a free band by the necessities of the case 
often grew to be quite a personage in the trade, a condition not 
always pleasing to his employers. 

Callister bought from the Cunliffes their store and plantation 
of Townside lying on either side of Chester River in Kent and 
Queen Anne's Counties. The dwelling and store were in Kent 
about twelve miles above Chcstertown in the neighborhood of the 
village of Crumpton. Encouraged by a temporary rise in the 
price of tobacco, he went into trade with his whole capital, opening 
another store in Queen Anne's County, 

Matters went badly with him almost from the first. Tobacco 
fell in price again, and the planters were giving up its culture. 
His friends in London politely refused to send him goods on the 
credit of what they saw was a failing industry, and as he could 
not get tobacco at a price low enough to make his profit, he very 
soon got into difficulties. He became involved in a series of petty 
lawsuits on all sides which soured his already quick and testy 
temper. Xot Job had a more consistent series of misfortunes, and 
he visited his calamities on his neighbors. He describes the 
people of Kent as "more knaves than fools," and another time, 
says that all trade is at a stand but that of Lawyers and hog- 
stealers." And again he writes, " we have no servants here but 
convicts, for fear of the insolence of honest men who cannot brook 
to be rebuked by the son of a convict, for such were our ancestors 
in general." Certain of his letters to persons who he conceived 
had injured him are the finest examples one will see in a long 
time of studied, deliberate insult, couched in the language and 
style of a better cause. Some of his flashes of temper are amusing, 
as for example this one in which he refers to his failure to sell 
some saddlery which he had on hand : — " I have that damn'd 



A MAKYLAND MEKCHANT AXD HIS FRIENDS IN 1750. 239 

article the sadlery still on my hands. I eannot hear from that 
Scoundrel I sold the whole to, and I care not much if the first 
news should be that he is hanged, unless he can give a better 
aeeount of himself than my experience will justify." It is worthy 
of note, however, that in these years he never spoke of his wife 
without a note of affection, showing always a full appreciation of 
her excellence. 

It is not pleasant to observe the evidences of his approaching 
failure. In 1761, in a letter to Governor Sharpe, he speaks of a 
" visible decline of the trade wherin I am embarked." The 
planters were not encouraged as he had hoped they would be by 
the high prices of 1759, and put in during the following years 
almost no tobacco. He saj's that in this year 1761, they raised 
scarcely more than one hogshead to a planter, and these had to be 
divided among many merchants. His whole capital was invested 
in a dylnfi: trade. " Losses by land & by water, in cattle & by 
mortality, by thieves, runaways, debtors, unfaithful servants, bad 
neighbors etceteras " made decided inroads on his little fortune. 
Finally after sinking nearly £2000 sterling, he gives up and 
"invites" his creditors. lu December, 1762, he writes: — "I 
have forever shut up shop and begin to look down to the earth." 
The following portion of a letter to his brotlicr gives in brief the 
whole story ; — 

" Eefore I quitted Messrs. Cunliffe's business ... I joined with 
an adventure and we bouglit a fine schooner off the stocks and 
fitted out for the West Indies ; she was taken into Martinico and 
never returned — soon after I bought at public sale this place of 
Townside in Kent County. . . . My situation was fine, my credit 
fresh and flourishing, every view favourable. But the evil genius 
of the Colonies had set oif. Every honest fair trader fail'd more 
or less, on my right hand and on mv left ; I floated with the 
stream and before I gainde a penny, I sunk about two thousond 
guineas. I paid off all my debts in Maryland ; but never shall 
receive those due to me. As soon as I perceived for certain that 
. it was impossible to stand it, I invited my Englisii Creditors and 
yet two years wasted past before I eould obtain a composition. 
... I almost stopped the mouth of one with goods to the amount 



240 



MARYLAND HISTORICAL, MAGAZINE, 



of about 13 or £1500 sterling. ... At length powers came in, and 
I resigned myself and my whole estate, real and personal ; in 
consequence of my cander & integrity they gave me a very 
humain composition, and agreed to acquit me on the security of 
a sum exquel to about 500 guineas." 

After the event here described, he built a house iu Queen Anne's 
and moved into it, selling Townside for about half its value. The 
failiwe of an appeal to Governor Sharpe for an appointment to 
some public office brings out an item of some political interest : — 
"An Assembly man," the disappointed office seeker writes, "who 
votes, right or wrong, on the side of the Proprietary, if he wants 
the place himself, or for his relations ; he must not be neglected." 
He tries to get employment as a factor, but fails in this as in 
everything he undertakes, and the letters end about 1768, their 
writer an impoverished, broken man, but still facing with some 
degree of courage the prospert before liim. He died soon after 
this date, but just when it is uncertain. 

The last act of the little drama shows the stage occupied by his 
widow, Mrs. Sarali Trippe Callister and her two widowed daugh- 
ters, Mrs. Kennedy aud Mrs. Pealc. Eacli of them seems to be 
on her own resources, which fortunately enough consisted of a 
good education, industry and intelligence. They opened a school 
in Chestertown under the patronage of the Eev. Dr. William 
Smith. In 1784 they moved to Baltimore where they began a very 
exclusive school for young ladies in Mrs. Le Blauc's house on 
Charles Street near French Town. The rent was £60 a year, and 
before long they were forced to move to a still larger house. Their 
terms were very reasonable — one dollar entrance, four dollars a 
quarter and a " common Waggon load of Wood." Some of the 
fathers of their pupils were niggardly enough to ask a reduction 
if the daughters lost any time by absence. The younger widows 
died in the closing years of the decade, but Mrs. Callister retiring 
soon afterwards to Myrtle Grove in Talbot County lived there 
until her death in 1805, an event which closes the story of our 
Maryland Merchant, the gentleman to whom Bacon addressed a 
letter as "Henry Callister, Botanist, Florist, Philosopher, Mu- 
aeian, etc., ete." 



ASSOCIATIONS AND AS600IATOB8 IN THE BEVOLUTION. 241 



ASSOCIATIONS AND ASSOCIATOES IN THE AMERICAN 
REVOLUTION. 

COL, CHARLES CHAILLt-LONG. 

(Read before the Society October 11, 1897.) 

The Declaration of American Independence, adopted by the 
Continental Congress on the 4th of July, 1776, was the culmina- 
tion or perfection of a series of Declarations by AssociaMons 
organized both within and without the Continental Congress and 
throughout the provinces. An eminent historian having this fact 
in mind, has said that " the signature of the Associations by the 
members of Congress may be considered as the commencement of 
the American Union." 

The first of the Associations to declare for American Independ- 
ence was formed by members of the Continental Congress at Car- 
penter's Hall, in the city of Philadelphia, on the 5th of September, 
1774. The Association, in its session of October 20, 1774, 
resolved unanimously that : 

" To obtain redress of grievances which threaten the lives, 
liberty and property of His Majesty's subjects in North America, 
we are of opinion that a non-Importatioa, non-consumption, and 
non-exportation Agreement, faithfully adhered to, will prove the 
most speedy, effectual and peaceful measure ; and therefore we do 
for ourselves and the inhabitants of the several colonies whom we 
represent, firmly agree and associate under the sacred ties of 
virtue, honor and love of our country. That from and after the 
1^' day of December next we will not import into British America 
from Great Britain or Ireland any goods, wares or merchandises 
as shall have been exported from Great Britain or Ireland." 

The second Declaration was made in the form of an address to 
the King by members of the Continental Congress in Association, 
and was dated the 26th of October, 1774. 



242 



MARYLAND HISTORICAL MAGAZINE. 



Next came the Declaration of the people of Mecklenburg* 
County, North Carolina, who met at Charlotte in that State on 
tlie 19th and 20th of May, 1775, and by a series of resolutions 
declared thefflselves free and independent. 

Following the Mecklenburg Declaration the members of Con- 
gress in Association addressed a communication to the inhabitants 
of Great Britain, dated the 6th of July, 1775, entitled : 

" A Declaration by the Representatives of the United Colonies 
of North America now met in Congress at Philadelphia setting 
forth the causes and necessity of their taking up arms." 

The following is cited to show the spirit of the Declaration : 

" We fight not for glory or for conquest. We exhibit to man- 
kind the remarkable spectacle of a people attacked by unprovoked 
enemies, without any imputation or even suspicion of offense. 
They boast of their privikges and civilization, and yet pt'offer no 
milder conditions, than servitude or death. 

" In defense of the freedom that is our birthright, and which 
we ever enjoyed till the late violation of it ; for the protection of 
our property acquired solely by the honest industry of our fore- 
fathers and ourselves. Against violence actually offered we have 
taken up arms. We shall lay them down ichen hostilities shall 
cease on the part of the aggressors and all danger of their being 
renewed shall he removed, and not before." 

The Declaration which presents the greatest interest to the 
State of Maryland is that of the "Association of the Freemen of 
Marykmd," and was dated the 26th of July, 1775, one year pre- 
vious to the Declaration of Independence of the 4th of July, 1776. 
The Convention of Maryland met in Annapolis on the 26tli of 
July, 1775. TKe first act was the adoption unanimously of the 
following resolution : 

^ The authenticity of this alleged declaration of independence has been much 
discussed of late years and the weight of opinion seems to be against it. The 
most important references to the subject are Wm. A. Graham's AdHress, 1875 ; 
George A. Graliara's "Mecklenburg Declaration," 1906, and Wm. H. Hoyt's 
" Mecklenburg Declaration," 1907.— Ed. 



ASSOCIATIONS AND ASSOCIATOBS IN THE EEVOLTJTION. 243 

That the Association of the JFreemen of Maryland be recognized 
and that the proclamation of the aime shall be recognized, and 
that the proclamation of the same should be subscribed by all 
patriots and become the written constitution of the provinces 
until succeeded by another." 

The proclamation is as follows : — 

" The long premeditated and now avowed design of the British 
Government to raise revenue from the property of the Colonists 
without their consent, on the gift, grant and disposition of the 
commons of Gt. Britain : the arbitrary and vindictive statutes 
passed under color of punishing a riot, to subdue by military force 
and by famine the Massachnsetts Bay : the unlimited power 
assumed by parliament to alter the Charter of that province, and 
the Constitution of all the Colonies, thereby destroying the essen- 
tial securities of the lives, liberties, and properties of the Colo- 
nists : the commencement of hostilities by the ministerial forces, 
and the cruel prosecution of the war against the people of the 
Massachusetts Bay, followed by General Gage's proclamation 
declaring almost the whole of the inhabitants of the United Colo- 
nies in name or description, rebels and traitors, are sufficient cause 
to arm a free people in defence of their liberty, and to justify 
resistance, no longer dictated by prudence merely but by neces- 
sity, and leave no alternative but base submission or manly oppo- 
sition to nncontrollable tyranny. The Congress cliose the latter, 
and for the express purpose of securing and defending the United 
Colonies, and preserving them in safety, against all attempts to 
carry the above mentioned acts into execution by force of arms. 

" Resolved, That the said Colonics be immediately put into a 
state of defence and now support at the joint expense an army 
to restrain the further violence, and repel the future attacks of a 
disappointed and exasperated enemy. 

" We therefore, inhabitants of the province of Maryland, firmly 
persuaded that it is necessary and justifiable to repel force by 
force, do approve of the opposition by arms to the British troops 
employed to enforce obedience to the late acts and statutes of the 



244 



MARYLAND HISTORICAL, MAGAZINE. 



British parliameut, for raisiug a revenue in America, and altering 
and changing the charter and constitution of the Massachusetts 
Bay, and for destroying the essential securities for the lives, 
liberties and properties of the subjects iu the United Colonies. 

" And we do unite and associate as one band and firmly and 
solemnly engage and pledge ourselves to each other and to 
America that we will to the utmost of our power protect and 
support the (illegible) carrying on as well by arms, as by Conti- 
nental association, restraining our commerce. 

" And as in these times of public danger and until a reconcil- 
iation with Gt. Britain on Constitutional principles is effected (an 
event we most ardently wish may soon take place) the energy of 
Government may be greatly impaired, so that even zeal unre- 
strained may be productive of anarchy and confusion : We do in 
like manner, unite, associate, and solemnly engage in maintenance 
of good order, and the public peace, to support the Civil power in 
the due execution of the laws, so far as may be consistent with the 
present plan of opposition : and to defend with our utmost power 
all persons from every species of outrage to themselves or their 
property, and to prevent any punishment from beiug inflicted on 
any offenders other than sueli as shall be adjudged by the Civil 
Magistrate, the Continental Congress, our Convention Council of 
Safety or Committees of Observation." 

This Declaration of the Association of the Freemen of Mary- 
land, signed by the people of Baltimore Town, is preserved at 
Annapolis and until recently was assumed to be the only docu- 
ment of that nature. 

Several years ago I was in Annapolis and with the knowledge 
that my great-grandfather's name was attached to a State paper 
of historical value, I was in the course of my researches shown by 
Mr. D. R. Randall, then Secretary of the Maryland Society Sons 
of America, the original document of the Association of the Free- 
men of Maryland. Mr. Randall courteously permitted me to 
have made the photographic copy which I have the honor to 
show you — being a reduction of the original. This particular 
proclamation is signed by sixty or more associators, all of whom 



ASSOCIATIONS AND ASSOCIATOKS IN THE REVOLUTION. 245 

were distinguished members of the Maryland Conventions, or 
residents of the Counties of Worcester and Somerset, and is still 
in the possession of the Hon. John Wirt Eandall. The names of 
the Associators add a page to the unpublished history of oar 
State and merit mention, they are as follows : 



Benton Harris 


John Selby 


J. Dennis 


Jos'" Mitchell 


Zach Purnell 


Levin Blake 


T. Bishop 


John Portly 


John 


Eob' Done 


John Bowie 


Peter Hall 


H. Y. Johnson 


Thos Purnell 


John 


Joseph Dashiell 


Robert Dennis 


Samuel Summon 


Samuel Handy 


William Urie 


— illegible 


Peter Chaill6 


Merrill 


— illegible 


W"" Morris 


William Selby Jr 


Mitchell D 


John Done 


John Neille 


John 


Josiah Mitchell 


John Townsend 


Daniel Farsette 


John Pumell Bobbins 


Robert Martin 


Yelverson 


N. Holland 


Major Townsend 


Samuel 


Jean Massay 


Levin Handy 


John C. Andrey 


Purnell 


— illegible 


James Quinton 


John Duval 


— illegible 


Samuel Jewett 


— Bennett or Burnet 


— illegible 


William Graham 


Martin 


Peter White 


— illegible 


— illegible 


John Gr 


Moses Gothery 


P. Selby Martin 


W. Smith 


James 



It has been assumed until recently that but one original of the 
proclamation of the Association of Freemen of Maryland existed, 
namely, the one preserved at Annapolis, whose subscribers are 
from Baltimore Town or County. The proclamation for a fact 
consisted of several original texts addressed to certain Counties 
of the State, the subscribed papers being returned to the Conven- 
tion with the names of the Associators. McMahon's History of 
Maryland, page 417, Vol. ii, mentions an Original proclamation 
bearing the signature of " One hxindred and twenty associators of 
Rock Creek Hundred of Cecil County." 

3 



246 



MARYLAND HISTORICAL MAGAZINE. 



In order to emphasize the supreme influence exercised by the 
Association of the Freemen of Maryland, it will prove interesting 
in that connection to cite the letter addressed to the people of 
Maryland by Governor Eden, and which was read in Council on 
the 20th of August, 1775. The letter reads as follows : 

" Friends and Fellow Subjects : 

" To men warm in the pursuit of liberty, it is necessary to pre- 
scribe bounds, and he can be no friend of his kind who views not 
even the excuses of such with an indulgent eye, but indulgence 
does not imply approbation. 

" An Association, I am told, is gone forth calling on the Free- 
men of Maryland to testify their approbation of the opposition by 
arms to the British troops, as well as to engage and pledge them- 
selves to promote and support the said opposition. This is no 
place to say what a conspiracy is, or what treason and rebellion 
are ; but I owe it to you to say this much at least that I would 
not for the world see the name of a man I esteem in the list of 
such subscribers. You do not want understanding and I will 
speak to it. Let me warn you, let mc conjure you, to think for 
yourselves. Surely you must see that you stand on the brink of 
a precipice, a single step further and yon are lost forever. There 
are already difficulties anew in the way of a reconciliation with 
the motlier country. For God's sake do not increase them. Even 
yet it is possible all may be well, and Britons and Americans still 
be one happy people, and if I know at all the people, I have liad 
the honor to preside over, to be so is the wish of all others the 
nearest your heart, and my consolation under a disappointment 
which yet I deprecate will be that when misfortune (the just con- 
sequences of your rasli procedure) shall come upon you, as depend 
upon it fall surely they will, you did not fall into them without 
warning. I shall not add more except my hopes that God may 
direct you to do what is right." 

Four months later, in January, 1776, Governor Eden was 
obliged to abandon his office and sailed for England on the 
" Foioey." 



ASSOCIATIONS AND ASSOCIATOES IN THE EEVOLUTION. 247 

The Convention of Maryland, impatient of delay, formally 
proclaimed the independence of the province by a Declaration 
dated the 6th of July, 1776. The Declaration of Congress, 
though expected, had not yet been promulgated. The Declaratioa 
of the Convention was entitled : "A Declaration of the Ddegates 
of Maryland," the first lines of which ran thus : 

" To be exempt from parliamentary taxation and to regulate 
their internal government and policy, the people of this Colony 
have ever considered as their inherent and inalienable right, 
without the former they can have no property ; without the latter 
they can have no security for their lives or liberties . . 

* * * * 

The History of Maryland by MeSherry makes the following 
mention : 

"The Members of the Maryland Convention of 1770 who 
framed the Constitution of the State. For Worcester County : 
Samuel Handy, Peter Chailli, Smith Bishop, Josiah Mitchell." 

Peter Chailli was a resident of Worcester County, and was 
elected to the Convention early in 1775. 

Under the authority of previous resolutions, the Convention 
met in Annapolis on the 2d day of January, 1776, and proceeded 
to ballot for the officers of the " Seven Independent Companies 
of Regulars." Among the officers chosen were John Watkins, 
Captain of the 3d Company ; Morey Chailli, First Lieutenant, 
Solomon Long, 2d Lt., Uriah Forrest, 3d Lt. 

On the 6th of January the Convention met and elected by 
ballot the following officers : Henry Hooper, Brig. General Lower 
District Eastern Shore, Peter Chailli, Colonel 1st Battalion for 
Worcester Couuty, Joseph Dashiell, Lt. Colonel, John Done, 1st 
Major, Robert Done, 'id ]\Iajor, George Martin, Quartermaster. 
On the 14th of Jauuary John Gunby was appointed a Captain. 

In Congress, on the 20th of January, 1776, it was resolved 
" to collect all the gold and silver coin for special operations in 
Canada, and among those deputed to make these collections were : 
Messrs. Peter Chailli, Samuel Handy and John Done for Worcester 
County." 



248 



MARYLAND HISTOBICAL MAGAZINE. 



The State was without credit at this time, and the Convention 
proceeded to raise subscriptions. In Scharf's History of Mary- 
land, the following members of the Convention are cited as having 
sut«cribed to the common fund : 

Charles Carroll of Carrollton, ten hogshead of tobacco. 
St. Thomas Jenifer, paper money, .... ^62,000. 

John Winder, paper money, 500. 

Peter Chaill6, paper money, 750. 

Every available thing was converted into money for the treasury, 
schoolmasters not excepted, if one may judge from the following 
advertisement which appeared in the Maryland Gazette, published 
at Annapolis, 17th of February, 1774 : 

" To be Sold, a schoolmaster and indented servant that has got 
two years to serve, John Hammond, near Annapolis. N. B. He 
is sold for no fault any more that we are done with him. He can 
learn bookkeeping, and is an excellent scholar." 

The chief power was confided to Committees of Safety, clothed 
with high powers but entirely subordinate to the Convention. 
OfiPenders could be banished from the province at the will of the 
Committee. Authority had no limit but discretion ; but the wis- 
dom and prudence exercised attest the purity of those who admin- 
istered it. There existed amongst the Colonists such a fund of 
public virtue as has scarcely a parallel in the annals of the world. 

In January, 1776, Lord Dunmore, Comdr. of the British fleet, 
bombarded Norfolk, invaded Northampton and Accomac Counties 
on the Eastern Shore of Virginia, burning and pillaging and com- 
mitting the greatest atrocities. In June, Gen. Howe directed a 
movement against Long Island, and was joined by his brother. 
Admiral Howe, in command of a fleet of 150 sail, making a force 
of 30,000 men. The American army, at that time under Wash- 
ington, amounted to 17,000. On the 10th of July, Col. Small- 
wood's regiment of Maryland troops proceeded to the field. Six 
companies marched from Annapolis, three from Baltimore for the 
head of filk river, whence they maa-ehed to New York and were 



AfBOCOATIONS AND ASSOCIATOBS IN THE REVOLUTION. 249 



incorporated in Lord Sterling's Brigade. On the 20th of August, 
four Independent companies remaining in Maryland were ordered 
by the Convention to join Col. Smallwood and place themselves 
under liis command, forming then a force of 1444 men. These 
troops, a part of the American army under Putnam, occupied the 
heights between Flatbnsh and Brooklyn, were confronted by the 
British army under Gen. Clinton. In the fight of the 26th of 
August, the loss of the Maryland troops upon whom fell the 
burden of battle, was murderous, nearly half of the force was 
killed or wounded. The battle is known as " Friek's Mill Pond " 
or " The Yellow Mills." Here is a letter from the Maryland 
Deputies to Couneil of Safety, dated 20 Sept., 1776 : 

" Gentlemen : 

" Capt Watkins waits on you by our adviee with a Return of 
his company, by which it appears he has now here only thirty- 
seven effective privates and indeed several of that number appear 
to us not really effective. 

"The men complained of not being furnished with blankets 
and clothing according to the engagements made with them, and 
from this ground, as Capt. Watkins alledges, the present discon- 
tent of the men originated. We have no certainty of getting 
the cloathing, though our endeavors shall be continued the officers 
have procured the blankets. Lt. Long goes to Worcester to 
endeavor to get the Deserters to return them to duty under an 
assurance which we have presumed to give, that on their imme- 
diate return the past shall be forgiven. Capt. Wathins and his 
men, we are sorry to inform you, are on very ill terms, the Capt. has 
beat some of (hem, he says, he had great cause, they say, he had none. 
Some of the men have said, nothing shall induce them to continue 
in the company under Capt. Watkins. We shall endeavor to 
keep the remnant of the company together under the care of the 
3d Lt. until your orders can interpose, for though an inquiry 
seems to us to be necessary, it cannot be had here, if the Inde- 
pendent Companies should be regimented or even if the soldier 
cloathes can be got, perhaps order may be restored in the company. 



250 



MABVL^ND HI8TOBI0AI. MAGAZINE. 



Colonel Richardson told W. P. that he lodged in the same house 
as Capt. Watkins, that he is addicted to drink, and his appearance 
at diverse times we have seen him bespeak it. Perhaps Colonel 
Eichardson would tiot choose that what he said should be mo- 
tioned to Capt. Watkins. 

" We are, Gentlmen, your most obdt. servts. 

The' Johnson, Samuel Chase 

W" Paca T. Stone 

" By a letter this minute received from Gen. Washington, dated 
the 19th, we are informed that he expects a general attack on his 
lines." 

On Dec. 9th, "Capt. Watkins resigned his Commission of 
Regulars, which was accepted by the Convention, M"^ Solomon 
Long was appointed Captain of the said company." 

General Greene, in a letter to the President of Congress, dated 
March 16, 1777, says : 

" The 1* R^t of Marylanders, commanded by Col. Gunby and 
seconded by Lt. Col. Howard, followed Washington's Cavalry 
with their bayonets, near the whole of the party fell a sacrifice." 

" At the battle of Guilford, the 2** Maryland Regiment, which 
had been advanced to support the First, met the enemy but broke 
and fled in disorder. At this critical moment when the British 
were pressing on with loud shouts of victory, Gunby advanced, 
and wheeling met them with bullet and bayonet. His horse was 
shot under him, disabling him for the moment by the fall, but Lt. 
Col. Howard took his place." Scharf, History of Maryland, page 
414, Vol. II. 

McSherry says of the soldiers of the Maryland Line in the 
Revolution : 

" No troops in the Continental army rendered better service, 
endured more fatigue or won grater glory than the Maryland 
Line. 

" At Long Island, a fragment of a battalion shook with repeated 
charges a whole Brigade of British regulars. 



ASSOCIATIONS AND A^OCIATOBS IN THE BEVOLUTION. 251 



" At White Plains, they held the advancing colnmn at bay. 

" At Harlaam Heights, they drove the enemy from the gronnd. 

" At Germantoxon, they swept through the hostile camp with 
their field bayonets far in advance of the whole army. 

" At Gowpens and at Eutaw, their serried ranks bore down all 
opposition with unloaded mnskets. 

" At Guilford and Camden, tliough victory did not settle on 
their banners, they fought with a courage which won the admira- 
tion and surprise of their enemies. Everywhere they used the 
bayonet with terrible effect. At least two of their Colonels, Wil- 
liams and Howard, were considered as the best officers of their 
grade in the army. Gunby, Hall, Smith, Stone, Ramsay, and 
the lamented Ford, who died gallantly at the head of his regi- 
ment, were cqnal to any others in the whole Continental service." 

On the 21st of April, 1788, Colonel Peter Chaill6 was chosen 
among others a member of the committee delegated by the Con- 
vention of Maryland to sign and ratify the Constitution of the 
United States. This committee, to cite the language of the reso- 
lution, " was selected as a body of men mod favorably known to the 
country for their high olutracter and enlarged views as shown by 
previous service." 

The Convention asscmhlcd in Annapolis on the 28th of April, 
and adopted the following resolution : 

" We, the delegates of the people of the State of Maryland, 
having fnlly considered the Constitution of the United States of 
America, reported to Congress by the Convention of Deputies 
from the United States of America held in Phil"'' on the 17th day 
of September in the year 1788 ... do for ourselves and in the 
name of the people of this State, assent to and ratify the said 
Constitution. In witness whereof we have hereunto subscribed 
our names : 

George Plater, President 

Richard Barnes Nicholas Carroll Richard Potts 
N. Lewis Serval James Tilghman John Stnll 
Donaldson Yeates James H^Uiday Henry Shyrock 



252 



MAEYI.ASD UmiOmCAX. MAGAZIHE. 



Granger 
Charles Graham 
James Shaw 
H. HoUingsworth 
Samuel Evans 
Osborne Sprigg 
James Martin 
John Dane 
Tho^ Sim Lee 
Thomas Sprigg 
Moses Rawlings 
Tho' Cramphin 
William Deakin, Jr. 
N. Hammond 
W. Paca 

Richardson 
Peter Edmonson 
John Coulter 



Peter ChailU 
John Chesley, Jr. 
G. A. Brown 
Zeph Turner 
A. Goldsborough, Jr. 
John Stephens 
Henry Waggamaa 
John Gale 
Charles Chilton 

Tilghman 
Isaac Perkins 
Joseph Wilkinson 
Daniel Sullivan 
Joseph Gilpin 
James Gordon Heron 
Fielder Bowrai 
W'" Morris 
Tho' Johnson 



Richard Thomas 
Benjamin Edwards 
Abraham Few 
J. Richardson * 
Matt Driver 
James McHenry 
George Digges 
Alex. C. Hanson 
John Seney 
W"" Helmsley 
Benjamin Hall 

Smith 
J. Parham 

Michael Jenifer Stone 
Edward Lloyd 
George Gale 
John Stewart 



Attest : 



William Harwood, Clerk." 



The State of Maryland has yet a large debt to discharge in 
commemorating in marble the services of these grand men, Mem- 
bers of its Conventions and those patriots who under the name of 
Associators organized the Association of the Freemen of Maryland, 
and whose Declaration of Independence adopted as the Constitu- 
tion of the Provisional Government precipitated, if it did not 
inspire, the Declaration of American Independence of the 4th of 
July, 1776. 

Note. — It may prove interesting to add a biographical note 
with reference to Colonel Peter Chaille, whose name and fame has 
been perpetuated in the Chaille-Long family. 

Col. Chaill6-Long's literary occupations during the several past 
years have necessitated his living in the Poitou, France, the 
ancient home of his ancestors. 

Assisted by the distinguished Archivists, M. M. Richard of 
Poitiers, Meschinet de Richeimoiid of La Rochelle and N. Weiss, 



ASSOCIATIONS AND ASBOCaCATOBS IN THE REVOLUTION. 263 

Secretary of La Soci6t§ de I'histoire du Protestantisiiie rran9ais 
dc Paris, Col. Chaill6-Long has been able to trace the Chaill6 
family |back to 1396. In 1462, Andr6 Chaillg was Mayor of 
Poitiers and was ennobled by Charles VII in the same year. 
Pierre, the son of Andr6, appears on the rolls of the Ban des 
Nobles of the Haut Poitou as the Govemor of the City of Niort, 
1489. 

Bonnaventure ChaiI16 (Count de Bessay), Seigneur de la Cliev- 

rotiere et du Mouzeil, married Lnnise de Bessay, a distinguished 
Protestant family of that name. Bonnaventure embraced the 
Reformed religion and died in 1 640. 

Dr. Pierre Chaill^, the son of Bonnaventure Chaill6 (Count de 
Bessay), married Marie Chevalier, by whom he had three sons, 
Pierre, Moise and Jaeobus. Arrested in the Saintonge in 1691, 
on the charge of heresy and sedition. Dr. Pierre was incarcerated 
during three years in the prisons of La Trompette, Chiuon and 
Loches, being finally released through the interference of the 
Abbis Cordomry and FinMon. Accompanied by his infant sons, 
Pierre, Moise and Jacobus, Dr. Pierre Chaill6 escaped to Ply- 
mouth, England, and theiico went to America where we find 
Pierre and Moise located under the name of Peter and Moses 
Chaill6 in Snow Hill, Worcester county, Maryland, in 1710. 

Jaeobus remained in Plymouth, dying there in 1760, as shown 
by a probated testament in Exeter in 1763. 

Colonel Gunby, Majors Robert and John Done, Captain Solo- 
mon Long and Lt. Moses Chaill6, whose names have been cited, 
were members of the family of Colonel Peter ChaillS. 

It is a singular coincidence that in the year 1862 I enlisted as 
a private soldier whilst yet a mere boy in the 1st E. S. Md. Regi- 
ment, not being aware at the time that my illustrious ancestor had 
commanded the 1st E. 8. Regiment in the war for American 
Independence. 

I should add that I was borne on the enlistment papers as 
Charles R. W. Long when it should have been Charles Chaill6- 
Long. A note in rectification was addressed subsequently to the 
Adjutant General of the U. S. Army and to the Adjutant General 
of the State of Marytond, in order to armd confufiion and in obe- 



254 



MAMYUiMV mummmA^ maoazihe. 



dience to the wishes of my honored father, who desired the per- 
petuation of the name of a grandfather who had stood high in the 
Councils of his State, and who had merited well of his country, 
for whose independence he had striven both as a soldier and a 
Senator. 

" Colonel Charles Chaill6-Long was bom in Princess Anne, 
Somerset county, Maryland, July 2d, 1842, son of Littleton 
Long of Chaill6 and Anne Mitchell Coston, grandson of Levin 
Long and Margaret Comfort Chaill6, great grandson of Colonel 
Pierre ChaillS and Comfort Houston." — Records of Circuit Court 
for Somerset County, Maryland, Certified Feb. 24th, 1893. 



KENT FORT MANOE. 

BEBNARD C. STEINEE. 



The later history of that portion of Kent Island on which stood 
Claiborne's fort is of considerable interest. After the first settler 
was expelled, the land remained for many years in the possession 
of the family of Giles Brent, to whom the Proprietary gave it. 
Probably the bricks which I found on the site of the fort in 1903 
were built into his manor house there (see Johns Hopkins Univer- 
sity Circulars, No. 165, p. 41). 

In 1782, "William Brent of Virginia who theu owned the Manor 
died, leaving Elinor, Daniel Carroll, and William Brent as his 
executors. The last named was also his heir at law. They sold 
the manor to Samuel Chew about May, 1785. Six mouths later 
Cliew made a will, and in 1786 he died. He left the Manor to 
his wife Elizabeth for life, with remainder to his son Samuel Lloyd 
Chew. In 1787, tlie Manor, which contained 2005 acres, was 
divided and the south half deeded by Samuel L. Chew to his 
mother. The northern half contained three farms, the eastern of 
which was known as Long Point, and the central one as Indian 



KENT FOET MANOK. 



255 



Point or Green's Creek. In 1 789, Chew mortgaged the property 
to Charles Carroll of Carrollton, but he seems to have paid off the 
mortgage later. He died in 1796, leaving four children, Samuel 
A., Bennett, Henrietta Maria, who married Henry C. Schnebly 
of Washington County, and Elizabeth, who married first William 
Deery and secondly Eli Beatty of Washington County. In 1821, 
the two daughters granted their brother, Samuel, all their interest 
in Kent Fort Manor. Samuel A. Chew seems to have possessed 
the northern moiety of the Manor until March 6, 1838, when he 
sold Long Point Farm to one Thomas Murj)hy. This sale was 
followed by another on Jan. 4, 1840, of Indian Point to James 
Bright. lu 1843, Samuel A. Chevv died, leaving one son, Low- 
man Chew, who died childless and intestate about 1860, leaving 
five collateral heirs. One of these was Eliza C. Deery, his first 
cousin, whose unsuccessful suit to recover part of the southern 
moiety of the Manor was twice carried to the United States 
Supreme Court (Deery v. Cray, 5 Wallace, 795 ; 10 Wallace, 263). 
Mrs. Samuel Chew died in 1 807, but before that she had sold her 
half of the Manor, on which had been Claiborne's fort to T. M. 
Foreman. He transferred it to Philip Barton Key, who gave a 
warranty deed for the land to Arthur Bryan on May 7, 1798. 
Bryan's estate was partitioned by the Chancery Court in 1802, 
and the Manor land allotted to his sister, Susanna Tait. In 1825, 
her son and heir, Robert Tait, sold the land to Richard Cray, his 
son-in-law, in whose family it remained until after the suit above 
mentioned.* 



' The attention of the author was called to these cases by Michael A. MuUin, 
Btq. 



A LIST OF THE SUBSTITUTES 

Pkocured by the Following Persons and Passed by the Lieutenant Feedeeick County as 
Part of the Quota op said County Agreeable to the late Act of Assembly. 



I>5 



c 

^ 00 



April 2 


1 


13 


2 


38 


3 


18 


4 


18 


5 


20 


6 


20 


7 


21 


8 


21 


9 


21 


10 


22 


11 


22 


12 


22 


13 


22 


14 


22 


15 


22 


16 


23 


17 



-8 

a 



Abraham Feaw 
Philip Morningstar 
Richard Potts 
Hance Farley 
Joshua Tesstill 
Henry Kunse \ 
Lucas Fleck / 
Pet«r Engles 
Stephen Brunner 
Peter Stilly 
Peter Adams 
William Dern 
Robert Wood 
James Morris 
■Samuel Flemming Junr. 
Thomas Neill 



17 I Henry Barton 



a 



0 

•a 

J 
a 

ta 



John Day 

Nicholas Myss 
John Baldwin 
John McKinney 
John Parker 

Michael Hardman 

Henry Fisher 
Nicholas Caminel 
George Brown 
John Daltou 
John Houlden 
Patrick Wryan 
William Rickey 
Thomas Halfpenny 
Johnsey Morgan 

Moees Foster 



.■2 

j= ° a 
» S 2 



3 years 
3 years 
3 years 
D. War 
D. War 

3 years 

3 years 
3 years 
3 years 
3 years 
D. War 
D. War 
D. War 
3 years 
3 years 
ord. war 
D. War 



Col. Thos. Price 
Ditto 
Ditto 
Ditto 
Ditto 

Col. Lodo. Weltner 

Ditto 
Capt. Jona. Morriss 

Ditto 
Col. Lodo. Weltner 
Col. Thos. Price 
Capt. Jona. Morriss 
Col. Thos Price 
Col. Lodo. Weltner 
Col. Thos. Price 

Capt. Jona. Morriss 



a 

S.S 

CO 

S a 



Col. Thos. Price 
Ditto 
Ditto 
Ditto 
Ditto 

German Riginit. 

Ditto 
QunbVs Kigirat. 
Ditto 

German Rigimt. 
Col. Thos. Price 
Col. Gunby's _ 
Col. Thos. Price 
Germ Riginit. 
Col. Thos. Price 



Col. Thomas Price 
Ditto 
Ditto 
Ditto 
Ditto 

Col. Lodo. Weltner 

Ditto 
Capt. Jona. Morriss 

Ditto 
Col. Weltner 
Cm\. Thcs. Price 
Capt. Jona. Morriss 
Col. Thos. Price 
Col. Weltner 
Col. Price 



0 

w 

M 

CO 

3 

Sd 

M 

N 
w 



Gunby's Rigimt.rCapt. Morriss 



April 23 


18 


John Ransburgh 


24 


19 


IjCVi Hughes 


24 


20 


Nicholas Odwson ^ 


24 


21 


Jacob Hane / 


24 


22 


Peter Cranier 


24 


23 


Christian Stoner 


24 


24 


M^ichael Orist 


24 


25 


Ignatius Elder 


25 


26 


George Clem 


25 


27 


James Bird \ 


25 


28 


John lioss Key ( 


25 


29 


Jacob Barrick 


25 


30 


Adam Shaver 


25 


31 


Jacob Michael 


25 


32 


Henry IVIcClary 


27 


33 


John Brunner 






(son of Henry) 


27 


34 


William llenner 


27 


35 


Bostian Myers 


27 


36 


Benjamin Hall 


27 


37 


George Cramer 


27 


38 


John Neill 


27 


39 


Rosjer Johnson 


28 


40 


John Moore 


28 


41 


George Strieker 


28 


42 


Upton Sheredine 


28 


43 


Henry Baker 


28 


44 


fjodowick Ijcmmon 


28 


45 


Jacob Shellman 


29 


46 


Lodowick Kemp 






(son Fredk.) 


29 


47 


Godfrey Kepheart 


29 


48 


David Condon 


30 


49 


Jacob Frushover 


30 


50 


Frederick Brandenburgli 



Charles Fulham 
Richard Clark 

Richard Haylip 

John Hamilton 
John Spray 
John Smatter 
Stephen McGraw 
Joseph Weigle 

Drue Reddley 

James Ashley 
John Walton 
William Mummert 
William Cartney 
James Murphy 

Henry Oyster 
Timothy Cahill 
John McNaley 
John Haramersly 
Richard Keen 
Thomas Haldup 
James Welch 
Charles Hills 
Moses McKinsey 
Joshua McKinsey 
John Temblin^ 
William Molnix 
Roger Landers 

James Pack 
Steven Stevenson 
Adam Mushier 
Gabriel Holland 



D. War 
3 years 

3 years 

D. War 
D. War 

3 years 
3 years 
D. War 

D. War 

D. "War 
3 years 
3 years 
D. War 
D. War 

D. War 
D. War 
D. War 
D. War 

3 years 
a War 
D. War 

3 years 
3 years 
3 years 
3 years 
AVar 
D. War 

D. War 
3 years 
3 years 
D. War 



Lieut. Jacob Gromet 
Capt. Jon a. Morriss 

Col. Lodo. Weltner 

Lient. Jacob Gromet 
Col. Thos. Price 
Col. Lodo. Weltner 

Ditto 

Ditto 

Capt. Jona. Morriss 

Col. Lodo. Weltner 

Ditto 

Ditto 
Col. Thos. Price 
Col. Lodo. Weltner 

CoL Thos. Price 
Col. Ix)do. Weltner 
Capt. Jona. Morriss 
Col. Lodo. Weltner 
Capt. Mountjoy Bayly 
Col. Lodo. Weltner 
Col. Thos. Price 
Col. Otho Holld. Williams 
Col. Loda Weltner 
Ditto 
Ditto 
Lieut. Jacob Gromet 
Col. Thos. Price 

Col. Otho Holld. Williams 
Capt. Jona. Morriss 
fjA. Lodo. Weltner 
Col. Otho Holld. Williams 



German Rigimt. 
Gunby's Rigimt, 

German Rigimt. 

German Ditto 
Col. Thos. Price 
German Rigt. 

Ditto 

Ditto 

Gunby's Rigimt. 

German Rigirat. 
Ditto 
Ditto 
Col. Thos. Price 
German Rigimt. 

Col. Price 
German Rigimt. 
Gunby's Rigimt. 
German Rigimt. 
CoL Gunby 
German &ittn. 
Col. Price 
Col. Williams 
German Rigimt. 
Ditto 
Ditto 
Ditto 
Col. Price's 



Col. Weltner 
Capt. Morriss 

Col. Weltner 

Ditto 
Col. Price 
Col. Weltner 
Ditto 
Ditto 

Capt. Morriss 

Col. Weltner 
Ditto 
Ditto 
CoL Price 
Col. Weltner 

Col. Price 
Col. Weltner 
Capt. Morriss 
Col. Weltner 
Capt. Bayly 
Col. Weltner 
Col. Weltner 
Col. Williams 
Col. Weltner 
Ditto 
Ditto 
Ditto 
Col. Price 



CO 
H 

O 

w 
1^ 



C3 



Col. Williams Col. Williams 
Gunby's Rigimt. Capt. Morriss 
German Rigimt. Col. Weltner 
Col. Williams \Col. Williams 



to 



1 

CO 

C- 
C 

IS 
ft 



^1 



^ a 
•fc 5 



a 



S 



0 ^ c • 

ojW'S g 

1 * ' 



S S « c 



s-s 



1 

a s 

o 



to 



W 

It' 
!► 

a 

0 
W 

w 

CD 



It' 



o 



April 30 
30 
30 

May 1 
1 
1 
1 
1 
2 
2 
2 
2 
3 
4 
4 
4 
5 
5 
5 



61 
52 
53 
54 
So 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 

71 
72 
73 
74 
75 



Adam Devilbess 
Balser Snyder 
J acob Rhoar 
Martin Walts 
George Marker 
John Devilbess 
John Griirabaugher 
Adam Creager 
John Stoner Junr. 
George Doub 
Jacob Bayer Junr. 
Henry Kemp 
John Bruner 
Peter Boarer 
Philip Bier 
John Roberts 
John Peltz 
William Reynolds 
Thomas Fleroniing 
George Devilbess 

(son Casper) 
Francis Elder 
William Thomas 1 
Arnold Newton I 
Nathan Hammond 
Francis Themas 



Simon Johnson D. War 

William McCoy D. War 

Samuel Hattenstein 3 years 

William Braithwaite D. War 

John Shi vely 3 years 

Thomas Brown D. War 

William Philips 3 years 

Richard Quin D. War 

J ames Dyer 3 years 

Robert McCland 3 years 

Thomas Hazclwood D. War 

John Malady D. War 

Patrick Rilcy 3 years 

James Eddy D. War 

George Boogher 3 years 

William Norris D. War 

John Megraw D. War 

Thomas Ferrell D. War 

Patrick Eawen D. War 

William Nicks 3 years 

John Wade D. War 

Daniel Woriew D. War 

John Lufl D. War 

Henry Grantham pD. War 



Capt. Mountjoy Bayly 

Col. Thos. Price 

Col. Lodo. Weitner 

Col. Thos. Price 

Col. Otho Holld. Williami 

Col. Thos. Price 

Ditto 
Col. Lodo. Weitner 
Lieut. Jacob Gromet 
Col. Otho Holld. Williams 
Lieut. Jacob Gromet 
Ditto 

Col. Otho Holld. Williams 
Col. Thos. Price 
Lieut. Jacob Gromet 
Col. Ijodo. Weitner 
Col. Thos. Price 

Ditto 

Ditto 

Capt. Mountjoy Bayly 

Col. Lodo. Weitner 

Col. Otho Holld. Williams 

Ditto 
Ditto 



Gunby's Rigimt. 
Col. Price 
German Rigimt. 
Col. Price 
Col. "Williams 
Col. Price's 

Ditto 
German Rigimt. 
German Rigimt. 
Col. Williams 
German Rigimt. 

Ditto 
Col. Williams 
Col. Price's 
German Rigimt. 

Ditto 
Col. Price 
Ditto 
Ditto 
Gunby's Rigimt. 

German Rigimt. 

Col. Williams 

Ditto 
Ditto 



Capt. Bayly 
Col. Price 
Col. Weitner 
Col. Price 
Col. Williams 
Col. Price 

Ditto 
0)1. Weitner 
Col. Weitner 
Col. Williams 
Col. Weitner 

Ditto 
Col. Williams 
Col. Price 
Col. Weitner 

Ditto 
Col. Price 

Ditto 

Ditto 
Col. Weitner 

Col. Weitner 

Col. Williams 

Ditto 
Ditto 



May 



5 


76 


6 


77 


6 


78 


6 


79 


7 


80 


7 


81 


8 


82 


9 


83 


10 


84 


11 


85 


11 


86 


11 


87 


11 


88 


11 


89 


12 


90 


12 


91 


12 


92 


13 


93 


13 


94 


13 


95 


14 


96 


14 


97 


14 


98 


15 


99 


15 


100 


15 


101 


15 


102 


15 


103 


16 


104 


16 


105 


16 


106 


16 


107 


16 


108 


16 


109 


17 


110 


17 


111 



Adam Fisher 

Elias Brunner (son Peter) 

Peter Kemp (son Fredk.) 

Daniel Hower 

Henry Brothers 

Elias Cooprighter 

Peter Mantz 

Daniel James 

John Ilouk 

John Shelman J unr. i 
Henry Bare (son Geo.) I 
Peter Hufman 
Peter Doffler 
Jacob Stoner 
John Booghcr 
William House 
Frederick Miller 
Robert Booth 
David Harvey 
Nicolas Powlas 
Samuel Kiston 
Elisha Bcall 
David Delander 
James Hook Junr. 
Ormond Hammond 
Philip Fishburn Jr. 
Harmon Youst 
Anthony Stock 
Michael' Shoaf 
Christopher Stull 
William Breshears Jr. 
Adam Cooper- 
Arnold Elder 

Wm. Worthington (of Jno. 
George Kesler 
Henry Leatherman 



William Whit 
John Twiner 
James Cliarapins 
Andrew Shuler 
Robert Bamett 
John Stanton 
Jonathan Cunningham 
Timothy McCarty 
Jacob Kaufman 

William Hamon 

Daniel Barnett 
James Heniiisy 
Henry Holtzman 
Jacob Moser 
Matthias Cosgrove 
Hugh Moore 
John Fricker 
Charles Slone 
Thomas Macrell 
Lawrence Whalin 
Michael Coughlan 
James Stite 
Robert Porter 
Robert Mathews 
James Connoway 
John Drapicr 
Thomas Wolfred 
Richard Gaul 
Thomas Daley 
William Aheam 
William Johnson 
James Bnrk 
John Jones 
George Hagerty 
Adam Madern 



Ijeut. Jacob Gromet 
Capt. Adam Grosh 
Lieut. Jacob Gromet 
Col. Lodo. Wcltner 
Lieut. Jacob Gromet 

Ditto 
Capt. Jona. Morriss 
Col. ThoE. Price 
Lieut. Jacob Gromet 



D. War 
D. War 

D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
3 years 

D. War jCapt. Jona. Mon-iss 

D. War I Ditto 
D. War Col. Thos. Price 
D. War Capt. Adam Grosh 
3 years Lient. Jacob Gromet 
3 years Col. Lodo. Weltner 
D. War Lieut. Gromet 
D. War Col. Thos. Price 
D. War Ditto 
D: War Lient. Jacob Gromet 
D. War Capt. Adam Grosh 
3 years Capt. Jno Ghiselin 
D. War Lieut. Jacob Gromet 
3 years Ditto 
3 years I Capt. Jno. Ghiselin 
3 years Col. Lodo. Weltner 
D. War Col. Thos. Price 
3 years Col. Lodo. Weltner 
3 years Lieut. Jacob Gromet 
3 years Col. Thos. Price 
3 years Capt. Jno. Ghiselin 
3 years Col. Lodo. Weltner 
8 years CapL Jno. Ghiselin 
3 years Capt. Adam Grosh 
D. War ICol. Thos. Price 
D. War Col. Lodo. Weltner 



German Eigimt. 
Gunby's Rigimt. 
German Rigimt. 
Ditto 
Ditto 
Ditto 
Gunby's Rigimt. 
Col. Price 
German Eigimt. 

Gunby's Eigimt. 

Ditto 
Col. Price 
Gunby's Rigimt. 
German Rigimt. 

Ditto 

Ditto 
Col. Price's 

Ditto 
German Battln. 
Grunby's Rigimt. 
ICol. Williams 
German Rigimt. 

Ditto 
Col. Williams 
German Eigimt. 
Col. Price _ 
German Rigimt. 

Ditto 
Col. Price's 
Col. Williams 
German Rigimt. 
Col. Williams' 
Col. Gunby's 
Col. Price's 
German Rigimt. 



Col. Weltner 
Capt. Grosh 
Lieut. Gromet 
Col. Wcltner 
Lt. Gromet 

Ditto 
Capt. Morris 
Col. Price 
Lieut. Gromet 

Capt. Morriss 

Ditto 
Col. Price 
Capt. Grosh 
Lieut. Gromet 
Col. Weltner 
Lt. Gromet 
Col. Price 

Ditto 
Lieut. Gromet 
Capt. Grosh 
Capt. Ghiselin 
Lieut. Gromet 

Ditto 
Capt. Ghiselin 
Col. Weltner 
Col. Price 
Col. Weltner 
Lieut. Gromet 
Col. Price 
Capt. Ghiselin 
Col. Weltner 
Capt. Ghiselin 
Capt. Grosh 
Col. Price 
Col. Weltner 



C 

>^ 

CO 

d 
ts 

M 

H 

d 

H 



CO 



I- 



3 

m 



3 



•3 O-'S 

2 ^ a - 

^1- I 
o i.s-l 

S « ^ fl 



■4.3 



to 

OS 

O 



o 

M 



w 



May 17 
17 
18 
18 
18 
18 
19 
19 
19 
19 
19 
19 
19 
19 
19 
19 
19 
19 
19 
20 
20 
20 
20 
20 
20 
20 



112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 
128 
129 
130 
131 
132 
133 
134 
135 
136 
137 



Peter Stimmel 
Godlip Sydlcr 
Jacob Snyder \ 
Philip Smith ( 
Henry Staley 
Frederick Stemple 
John Beatty 
Josiah Russell 
Carlton TannyhilH 
Joseph Kennedy J 
John Jacoba 
Jacob Huff 
Robert Owen 
John Julien 
Josias Dorsey 
William Dorsey 
Daniel Byser 
John (ironise 
John Colpflash 
Jacob Mettard 
Casper Missell 
George Rosensteel 
Jacob Juda 
Adam Isminger 
James Flemming 
Jacob Keplinger 



George Gardner 
Peter Shoemaker 

Joseph Brauuer 

John Carroll 
John Bennett 
ThomaB Hatchcraft 
Samuel Davu 

Patrick Shcan 

Robert Boyle 
Arthur Milbolland 
Samuel Edwards 
William Nevin 
Andrew Preston 
Jacob Knight 
Mathias Smith 
William Fearley 
Hugh McCay 
Peter Barttomew 
Robert Smith 
Christian Casner 
William Rider 
Cornelius Vaughan 
John Burns 
James Smitli 



3 years 
3 years 

3 years 

D. War 
D. War 
D. War 
D. War 

D. War 

■D. War 
D. War 
3 years 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 



Capt. Mountjoy Bayly 
Capt. Jona. Morrias 

Col. Lodo. Weltner 

Capt. Jdo. Ghiselin 
Col. Lodo. Weltner 
Ditto 

Col. Mountjoy Bayly 

Col. Otho Holld. Williams 

Capt. Ghiselin 
Col. Thos. Price 
Capt. Adam Grosh 
Col. Lodo. Weltner 
Col. Thos. Price 
Ditto 

Lieut. Jacob Gromet 
Col. Thos. Price 
Lieut. Jacob Gromet 
Col. Lodo. Weltner 

Ditto 

Ditto 

Ditto 

Lieut. Jacob Gromet 
Col. Thos. Price 
Col. Lodo. Weltaftr 



Gunby's Rigirat. 
Gunby's Kigimt. 

German Bigimt- 

Col. William's 
German Bigimt. 

Ditto 
Gunby's Bigimt. 

CoL Williams 

Ditto 
Col. Thos. Price 
Gunby's Rigimt. 
German Rigimt. 
Col. Price's 

Ditto 
German Rigimt. 
Col. Price 
German Rigimt. 
Ditto 
Ditto 
Ditto 
Ditto 
Ditto 
Col. Price's 
Gunby's Rigimt. 



Capt. Bayly 
Capt. Jf orris 

Col. Weltner 

Capt. Ghiselin 
Col. Weltner 

Ditto 
Capt. Bayly 

Col. Williams 

Capt. Ghiselin 
Col. Price 
Capt. Grosh 
Col. Weltner 
Col. Price 

Ditto 
Lieut. Gromet 
Col. Price 
Lieut. Gromet 
Col. Weltner 

Ditto 

Ditto 

Ditto 
Lieut. Gromet 
Col. Price 
Col. Weltner 



May 20 


138 


20 


139 


20 


140 


20 


141 


20 


142 


20 


143 


20 


144 


20 


145 


20 


146 




147 


20 


148 


20 


149 


20 


150 


20 


151 


20 


152 


ao 


153 


20 


154 


20 


155 


20 


156 


20 


157 


20 


158 


20 


159 


20 


160 


20 


161 



Matthias Broadbeck 
James Hammett 
Michael Eoar 
Nicliolas Everly 
Alosius Elder 
Joseph Hedge 
John Smith Junr. 
John Adlum 
Cliristian Weever 
Saml Blair 1 
John Flemmingi 
John Jacob Scliley 
Godfrey Leatherman 
Jacob Hoffman 

(Carrolls Mannor) 
Christian Ransburgh 
Philip Smith 
John JMaclclefish 
Fredericlt Zoler 
John Keller 
Andrew King 
Nathan Maynard 
Jacob Toup 
Valentine Lingenfelter 
Thomas Elder 



John Fanuell 
Benjamin Cole 
Henry FeiTence 
William Vincent 
Patrick Trainer 
Luke Horsefield 
William Allender 
Patrick Gary 
Jonas Chamberlin 

James Johnson 

Abraham Stullings 
William I'ope 
John Staut 

Joseph Horsefield 
Michael Smith 
John Waler 
William Prangley 
Alexander Smith 
Benjamin Ellott 
Charles Jones 
John Richards 
Samuel Fletcher 
Dennis Way Ion 



|D. War Lieut. Jacob Gromet 



D. War 
D. War 
3 years 
D. War 
D. War 
D. War 
D. War 
D. War 

D. War 



Col. 



Col. 



Col. 



Lodo. Weltner 
Ditto 
Ditto 
. Jno. Ghiselin 
Thos. Price 
Ditto 
Ditto 
Ditto 

Lodo. Weltner 



D. War Capt. Jona. Morriss 
D. War Col. Lodo. Weltner 
D. War , Ditto 



D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 
D. War 



Col. Thos. Price 
Col. Lodo. Weltner 
Col. Thos. Price 
Capt. Jones 
Col. Lodo Weltner 

Ditto 
Lieut. Jacob Gromet 

Ditto 

Ditto 
Capt. Jona. Morriss 



German Eigimt. 
Ditto 
Ditto 
Ditto 
Col. Williams 
Col. Price's 
Ditto 
Ditto 
Ditto 

German Bigimt, 

Gunby's Bigimt, 
German Battn. 
Ditto 

Col. Price's 
German Bigt. 
Col. Price's 
Gunby's Bigimt. 
German Bigimt. 
Ditto 
Ditto 
Ditto 
Ditto 
Gunby's Bigimt. 



Lieut. Gromet 
Col. Weltner 
Ditto 
Ditto 
Capt. Ghiselin 
Col. Price 
Ditto 
Ditto 
Ditto 

Col. Weltner 

Capt. Morris 
Col. Weltner 
Ditto 

Col. Price 
Col. Weltner 
Col. Price 
Capt. Jones 
Col. Weltner 

Ditto 
Lieut. Gromet 
Ditto 
Ditto 
</apt. Morriss 



153 Substitutes. 

Total List of the Quota of Frederick County already Furnished and to be furnished. 
Recruits, .-.-.---59 
Substitotes passed by the Different Field Officers, - 18 
Ditto passed by Lieut., 153 



Dead & Deserted, 



Chas. Beattt. 

Frederick Town Battalion, 13 
Kittocton Battalion, 13 
Monocacy ditto 16 
Pipe Creek ditto 16 
Linganore ditto 16 
p. 1. ditto 7 

309 



262 



MAEYLAND HISTOEICAL MAGAZINE. 



LAND NOTES, l§S4-165g. 

[OoBtfniied from p. 203.] 

[Liber F., Land Office Eecords.] 

2"' August 1641, 

Thomas Copley Esq demandeth 400 acres of Land due for 
transporting 4 able men into the Province in the year of our Lord 
1633. 

Eod : The Said Thonuis Copley assigned his Interest in the 
Said demand unto John Lewger Secretary. 

Laid out for John Lewger Secretary 400 acres of Laud bound- 
ing upon the South with Piscattaway Creek upon the West and 
North with a Swamp beginniug at a hill in the Said Creek called 
the Lyon of Jude and on the East with a line drawn from the 
head of the Said Swamp unto or toward a Marsh in the Said Creek 
called the East Marsh, Soe far as to include 400 acres. 

Memorandum. That in the Margin of the Orrigiual Kecord 
book where the foregoing Patent is Eecorded the following Entry 
is made Viz? (Never Signed Nor delivered). 

6'? August 1641. 

Richard Hills planter demandeth 50 acres of Land due to him 
by assignment from Leonard Calvert Esq &c Sup: p: 52. 

Decemb 14* 1641. 

Laid out for Richard Hills a parcell of Land lyeing near New 
towne Marsh, and bounding on the South with the Said Marsh, 
on the West with the Land of William Thomson on the East 
with a Meridian line drawn from the head of a hollow called 
Dixon's hollow north into the Woods . . . Containiug" fifty acres 
or thereabouts. 



liAND HOTJBS, 1634-1655. 



263 



26 August 1641. 

Memorandu — That in the Margin of the foregoeing Certificate 
in the Orriginall Eecord book is thus Entred viz' (Included in 
J ohn Medley's Grant of Medley.) 

6'? August 1641. 

Richard Loe Planter demandeth 100 acres of Land due for 
transporting himself into the Country in the year 1640. 

6. August 1641 : By the Lieuten? Generall Whereas Hichard 
Loe Planter hath one hundred acres of Land due unto him for 
transporting himself into this Province. These are therefore to 
will and require You to lay forth Soe much Land to the Said 
Richard Loe, where he Shall desire within this Province not 
already disposed of to any other, and to Ccrtifie the Survey of the 
Same unto me the said Lieuteu! General, for which this Shall be 
your warrant. 

To M. Surveyor Signed Leonard Calvert. 

9 August 1641 : 

James Joliuson demandeth 100 acres of Land for transporting 
himself into the Province this last year. 

23 Oct 1641. 

Laid out for James Johnson a Neck of Land in St. George's 
Creek called Beanes point bounding on the East with a branch of 
the Said Creek called St. John's Creek, on the South and West 
with the Said St. George's Creek, and on the North with a line 
drawn from a bite in the Said St. John's Creek called Johnson's 
bite, unto a Marsh in the Said St. Geoi^e's Creek called James's 
Marsh Containing 100 acres or thereabouts. 

20'? August 1641. 

Richard Nevill demandeth 50 acres of Land due by assignment 
from Randoll Revell : Supra and 50 acres more by as.signment 
from John Medley. 

10 Dec 1641. 

Laid out for Richard Nevill a parcell of Land, boxmiiing on 



264 



MABYLAKD HISTOfilOAL MAGAZIXK. 



the South with a branch of Pacocomoco Creek called Medleys 
branch, and from the head of that branch Eastward . . . till it 
Intersect a paralell Drawu from a branch in Nevetts Creek, 
called Richards branch, . . . Containing 100 acres of Land. 
( In the Margin of the Orriginal Record book opposite to ) 
\ y* foregoing Certificate is thus liitred (Surrendredby Medley) J 

13 August 1641. 

Leonard Calvert Esq demaudeth 6000 acres of Land for trans- 
porting 15 able men into the Province in the year 1633, and like- 
wise 100 acres of Town Land for the Said title. Viz! Peter Draper, 
Robert Pike, James Heckley, Richard Gilbert, John Ashmore, 
Thomas Allen, Charles Middlelon, John Halfhead, Richard 
Bradley, William Andrews, Ralph Beane, Evan Watkins, Rich- 
ard Hills, John Nevill, Lodowick Price. 

Laid out for Leonard Calvert Esq a parcell of Town Land 
lyeing nearest together about the ffort aud Commonly called the 
Governor's ffield bounding on the West with George's River on 
the North with S! Maries Bay on the East with the Mill brooke 
. . . where the {freehold of S* Peters and the Chappell Land Meet 
in one Angle, And on the South with the Said Chappell Land by 
a right line drawn Westerly from the Said Angle unto S*. George's 
River where the rail formerly b^an cont^ning one hundred acres 
or thereabout. 

ffurther Laid out for the Said Leonard Calvert one parcell of 
Land, bounding on the North %vith Trinity Bay, on the East with 
a right line drawn from the head of a Creek in the Said Bay 
called Norton's Creek along by the heads of Cauther's Creek and 
James's Creek and Soe forward due South East untill it fall upon 
a Creek running into Chesapeak Bay called the Deep Creek then 
-with the Said Deep Creek, and Chesapeak bay, on the South and 
West with Patowmeck River Containing 3000 acres or thereabouts. 

The Said parcell of Land ffurther Subdivided into 3 pareells 
for Mannors, the ffirst parcell by the Name of Trinity Mannor, 
boimding on the North w* Trinity Bay, on the East with a line 
drawn from Norton's Creek, unto the head of James's branch, on 
the South with the Said James's branch and broad creek and 



LAND NOTES, 1634-1655. 



265 



on the West with Patowmeck River cantaining 600 acres, or 
thereaboats. 

The Second parcell of" Land by the name of Gabriel's Mannor, 
bounding on the North with the foresaid Trinity Mannor, on the 
East with a line drawn from the head of James's branch unto the 
deep Creek, and from the head of that Creek, Southwesterly unto 
the head of a Creek in Patowmeck River called the Oyster Creek, 
on the South with the Said Oister Creek, and on the West with 
Patowmeck River Containing 900 acres or thereabout : 

The parcell of Land by the name of S' Michael's Mannor, 
bounding on the North with the Said S^ Gabriel's Mannor and 
including all the residue of Land between Patowmeck River on 
the West, Chesapeak Bay on the East and S5 Michael's point cm 
the South, containing 1500 acres or thereabouts. 

24 Jan: 1642. 

William Broughe demandeth 100 acres of Land for transporting 
himself into the Province in the year 1636, and 100 acres more 
for transporting one Man Servant called Francis Thwaits in the 
year 1638. 

Novemb 25 1642. 

Laid out for William Broughe a parcell of Land lyeing on the 
North Side of Britton's bay in Patowmeck River, called Popler 
Neck, . . . containing 200 acres or tliereabouts. 

14'? August 1641. 

William Tompson demandeth 200 acres of Land by Speciall 
Grant of his Lordship: 

John Medley demandeth 200 acres of Land for transporting 
into the Province in the year 1637 two able men Servants — 
Richard Brook, James Moulins. 

10*'' Decemb 1641. 

The Said John Medley assigned over his right and Interest in 
fifty of the foresaid 200 acres imto Richard Nevett. 



266 



MARYIAND HISTORICAL, MAGAZINE. 



Decemb 14: 1641. 

Laid out for John Medley a parcell of Land lyeing in Patow- 
meck River called Pawcomicok point, bounding on the West with 
a Creek called Pawcomicok Creek, on the North with a branch 
of the Said Creek called Medley's branch on the East with a 
hollow of the Said branch called Medlies hollow Southeast and by 
South into Patowmeck River on the South with the Said River 
Containing 100 acres or thereabouts. 

Laid out for John Medley another parcell of Land lyeing 
near the head of Nevett's Creek, . . . containing fifty acres or 
thereabouts. 

25 August 1641. 

William Hawkins demandeth 200 acres of Land ... for trans- 
porting himiself and his wife into the Province in the year 1640. 

24 January 1641. 

The Said William Hawkins assigned over all his right and 
Interest in the Said 200 acres of Land unto Thomas Bushell. 

Aprill 16. 

The Said Thomas Bushell assigned all his right and Interest in 
the Said 200 acres of Land unto Lewger Gmt for 162^ Tob. 

Thomas Bushell. 

The Said John Lewger reassigned these 200 acres unto Thomas 
Bushell. 

25*'' August 1641 Richard Dixon demanded 100 acres of 
Land ... for transporting himself into the Province in the 
year 1640. 

1 Decemb 1643. 

The Said Robert Dixon assigned all his right in the Said 
d^cnand unto William Thomson. 

25 August 1641. 

Thomas Leatherborow demandeth 100 of Land ... for trans- 
porting himself into the Province in the year 1638. 



LAND NOTES, 1634-1655. 



267 



The Said Thomas Letherborow assigned his right in the Said 
hundred acres unto RandoU Revell. 

John Lewger demandeth 400 acres of Land due by Conditions 
of Plantation for transporting into the Province four able men 
Servants called Alexius Pulton, John AAew, William Stiles 
and Bartholomew Slater. 

18* Octob 1641. 

Cyprian Thorowgood demandeth 100 acres for transporting 
himself into the Province. 

24 January 1641. 

Richard Banks and William Wright demand 200 acres of 
Land ... for tranqjorfcing themgelves into the Province at their 
own Charge. 

Laid out for Richard Banks and William Wright a parcell of 
Land lyeing on the North Side Of Patowmeck River called Popler 
hill, . . . containing 200 acres. 

10 Novemb 1641. 

Thomas Eushcll demandeth 100 acres of Land for transporting 
himself into the Province in the year 1640. and 200 acres more 
by assignment from William Howkins. 

[Surrendred.] 

24 January 1641. 

Laid out for Thomas Bushell a parcell of Land lyeing on the 
South Side of Bretton Bay . . . containing one hundred acres or 
thereabouts. 

Eod : The Said Thomas Bushell assigned all his Interest in 
the Said demand unto Henry Lee. 

4 Novemb 1641. 

John Lewger demandeth 100 acres of Land for the transporta- 
tion of John Hatch : 

The Said John Lewger assigned all his right in the Said 100 
acres unto John Hatch and John Thompson. 

William Hull, Marriner demandeth 100 acres of Land for the 
transporting of himself into the Province. 



268 



MABYLAND HISTORICAL MAaAZINB. 



Mar 19 1641. 

Lay out Some time before Mid Sumer next for William Hull 
100 acres of Land upon any point in St. George's Creek not 
afore disposed to any other .... 

Signed Leonard Calvert. 

11 Dec 1641. 

Thomas Gerrard, Gent, demandetli four thousand acres of Land 
due to him by Conditions of Plantation for transporting iuto the 
Province at his own charge, himself and twenty able men Servants 
in the year 1637, 1638 and 1640. Viz^ John Longworth, Peter 
Heyward, Samuel Barrett, Thomas Ivnight, Robert Brasinton, 
Richard Scotsford, John Ashtou, Oliver Gibbons, William Pinley, 
Henry Smith, Thomas AVhite, Thomas Morris, John Gerrard, 
John Taylor, John Shanks, Richard Wright, Richard Boreman, 
Richard Walker, ffrancis Sutton and Thomas Doe, And two 
thousand acres more due to him by assignmt from My John 
Lewger. 

11 Dec 1641. 

Laid out for Thomas Gerrard Gent a Tract of Land bounding 
upon the South with Patowmeck River upon the west with 
Wicocomoco River upon the East with St. Clements Bay, and 
upon the North with a right line drawn from a Creek in AVico- 
comoco River called Gerrard's Creek South Easterly to the 
nearest branch of a Creek in St. Clement Bay called the ffresh 
Creek, And likewise three Islands the one in Potowmeck River 
Called St. Clements, the Second in the Mouth of St. Catherines 
Bay called St. Catherines Island and the third lyeing near unto 
it in the Mouth of Wicocomoco River called St. Margarett's 
Island, The Said Tract of Land and Islands Containing Six 
thousand acres in the whole or tiiereabouts. 

10 Decemb 1641. 

John Lewger demandeth 2000 ao-es of Land due to him by 
Special warrant from the Lord Propry. 

And the Said John Lewger assigned over his right and Interest 
in the Said 2000 acres unto M' Gerrard. 



LAKD NOTES, 1634-1655. 



269 



4 ffebr 1641. 

Richard Cole demandeth 100 acres of Ijand whereof 50 acres 
due by assignment from MT Thomas Coply aud 50 acres more 
from Walter Beane. 

These are to Certify your Worship that Whereas I have 100 
acres of Land due to me for transporting into the Province one 
Richard Cole I have assigned my right and Interest in 50 acres 
thereof unto the Said Richard Cole. 

To the Lieutent Gen'al. S%ned Thomas Copley. 

13 Decemb 1641. 

Marks Pheipo and Nicholas Keytin, Irishmen, demand 200 
acres of Laud ... for transporting themselves into the Province 

17* Decemb 1641. 

Nicholas Hervey prayeth a Grant of a Mannor* of 1000 acres 
on the South Side of Patuxent River by Speciall warrant from 
his Lordship for transporting into the Province this present year 
himself; his wife and five other persons viz^ three men Servants 
viz^ Robert Beard, Henry Spink and John Chair, one Boy, Robert 
fiford and his daughter ffwrnces Hervey. 

Decemb 2« 1642. 

Laid out for Nicholas Hervey, planter, a parcell of Land lyeing 
on the South Side of Patuxent River and bounding on the South 
with a Creek called St. Laurence Creek, on the North with the 
back River on the East with Patuxent River on the West with 
the known path of Patuxen untill it intersect a line drawn South 
West from a branch in the back river called St. ffrancis branch 
containing by Estimate one thousand acres. 

28 Decemb 1641. 

John Robinson, Carpenter, demandeth 200 acres of Land . . . 
for transporting into the Province two able mea Servants to witt 
Richard Baxter and John Michell. 

' See ako tfak Ma^miiui, V. 8, p. 160. 



270 



MARYLAND HISTORICAL MAGAZINE. 



John Hatch demandeth 50 acres of Iknd due to him by aaeign- 
ment from John Lewger Secretary, 

4 ffebr 1641. 

Walter Beane demandeth 200 acres of Land . . . for transport- 
ing into the Province himself and 1 able man Servant called John 
Cole. 

The Said Walter assigned over all his Interest in 50 acres of 
the Said Land unto Richard Cole. 

12 January 1641. 

Giles Brent Gent demandeth 1000 acres of Land by assignment 
from Leonard Calvert Esq. &c. 

12 ffebr 1641. 

Thomas Fursall demandeth 200 acres of Land for transporting 
into the Province himself and 1 man servant called James Linch. 

Lay out for Thomas Pursall 200 acres of Land in any place 
not afore disposed of about the Herring Creek ... 

IG'* March. 

John Eutlidge demandeth 100 acres of Land due by Conditions 
of Plantation for transporting himself into the Province in the 
year 1640. 

Lay out for John Rutlidge Some time before Mid Sumer next 
100 acres of Land in any Neck upon St. George's Creek not afore 
disposed to any other. 



LETTERS AND DOCUMENTS. 



271 



LETTERS AND DOCUMENTS. 

(From tke Executive Archivee except as otherwMe indicated. ) 

Thomas Bacon to the Vbstky of All, Saints Paeish. 

[The following interesting letter, the original of which is in the pos- 
session of Ernest Helfenstein, Esq., of Frederick, Md., throws further 
light on the educational projects of the Rev. Thomas Bacon as well as 
on his plan for promoting church unity. Further information con- 
cerning Dr. Bacon may be found in "A Maryland Merchant and his 
Friends," printed elsewhere in this issue ; and also in Steiner' s History 
of Education in Maryland, p. 169, and his "Pioneer in Negro Edu- 
cation," in the Independent, yol. 61, p. 2287.] 

Frederick Town, 14tli July 1761 

Gentlemen : — 

The Associates of Dr. Bray having wrote to mc by their Secre- 
tary, the Rev'd Mr. Waring, and impowered me to open a school 
in Maryland for the instruction of thirty Negro Children at least, 
all of them to be taught to read, and instructed in the Principles 
of the Christian Religion by a proper Matron or School Mistress, 
and the girls in particular to be taught Sewing, Knitting, Mark- 
ing, and other Matters useful in a Family, I am very desirous not 
only to answer the end proposed by that worthy and religious 
society, in diffusing the Light of the Gospel and promoting the 
Knowledge of God and his service among those poor, ignorant, 
benighted Creatures, but (if possible) to secure the benefit of their 
pious intentions to the Parish in which I serve. I have therefore 
communicated the above mentioned letters to You Gentlemen for 
your serious consideration, in order to have your Advice and Con- 
currence in a Matter of such importance for the Advancement of 
Christianity, and extending the Benefits of a Redeemer to the 
lowest and most neglected Class of human souls among us. 

I further beg leave to recommend to your serious Consideration 
whether an itinerant Master or two in this Parish upon the Plan 
of the Welsh Circulating Schools might not be of signal Advan- 
tage to Numbers of Poor Planters and Farmers and their Chil- 



272 MARYLAND HISTOBICAL MAGAZINK. 

dren, by being taught to read, write and join with Propriety and 
Decency in the several Parts of divine Service etc. as well as to 
the Improvement of and instilling good morals and Principles 
into such of the Negroes as may at convenient times be sent to 
them for catechising and other Christian Instruction at the several 
Places such Master should from time to time be stationed at by 
order of the Minister and Vestry, and whether, if one or two such 
Masters should be sent in and recommended by the Society, we 
could form any rational Plan for raising an adequate Salary among 
ourselves for his or their Maintainance ? 

You will farther permit me to consult you whether, in your 
Opinion, it would not be very desirable and useful to attempt a 
farther Harmony and Union between us and the Dutch, both in 
religious and civil Matters ? And whether a school to be settled 
in this Town, wherein all Dutch Children should be taught to 
read and write English gratis, miglit not be a very proper and 
promising Expedient for promoting so desirable an Union and 
lessening the Number of separate and distinct opinions and Con- 
gregations among us ? 

I am, Gentlemen, begging the Blessing of Almighty God upon 
your Persons and Families, and upon all your Councils and 
End^vours for exalting his Worship and Glory and tlie Interests 
of true Religion in this Parish. 

Your most faithful Pastor 

and Servant in tlie Lord Jesus, 

THOifAs Bacon. 

To The Vestry of All Saints Parish 
in Frederick County. 

Gov. Lee to General Assembly. 

In Council Decemf 4, 1792. 

Gentlemen 

We think it necessary to communicate to the Legislature a 
Difficulty wch has occurred in consequence of Josh: Seuey Esquire 
having resigned his seat as a Represent, of this State in the Con- 



LETTBES AND DOCUMENTS. 



273 



gress of the United States — in order that tlie General Assembly 
may have an opportunity of removing it. Mr. Seney was elected 
under the act of Nov! Session 1 788, by which six Representatives 
were directed to be chosen distributively out of certain Districts 
by the Majority of Voices in the State. The Act of Nov. Session 
1790, eh. 16, repeals the Law above mentioned, and directs that 
one Representative shall be chosen for each District by the Voters 
of the Districts respectively. 

The act of Nov. 1791, eh. 62, anticipating the encrease of our 
Representation in consequence of the census, modifies the Districts 
in a different manner from the former Laws aud repeals the act of 
1791 so far as it is inconsistent with the new Modification. 

By the Repeal of the Act of 1788 we are not now authorised to 
issue a writ for supplying the Vacancy occasioned by Mr. Seney's 
resignation, by a Majority of voices in the State, and we think it 
probable that as the Districts established by the act of 1790 are 
abolished by the fifth section of the Act of 1791, we cannot issue 
a writ to the District for which Mr. Seney was elected, the Exist- 
ence of it being destroyed. Nor have we any power to direct a 
writ to any District created by the last mentioned Law. 

If the Geueral Assembly should be of opinion that the interests 
of the State require the Election of a Member in the place of Mr. 
Seney and our authority to take the necessary steps is even doubt- 
ful, we submit it to their considern. whether it w* not be advisable 
to have an Act ennabling us to issue a writ to the District for 
which Mr. Seney was originally elected to supply the vacancy. 

We are &c., 

Th. S. Lee. 



Key-Evans Duel. 

To his Excelleucy James Brice, Governor of Maryland. 

The Petition of Edmond Key, Jeremiah Evans, John Bond (of 
Thomas) and Alexander Kilgour humbly sheweth : 

That two of your Petitioners, Edmond Key, and Jeremiah 
Evans, sometime in February sevent«^ hundred and ninety-one, 



274 



MARYLAND HISTOKIGAL MAGAZINE. 



having had a difference, a challenge was sent by the said Key to 
the said Evans, to fi^ht "vvith Pistols, and Evans having accepted, 
they, Key and Evans, met and fired at each other, but without 
Damage or hart to either pariy ; and after firing, they (i. e.. Key 
and Evans) made the difference up, and are now on good Terms 
of Friendship ; and that your Petitioner John Bond (of Thomas^ 
was Second to Jeremiah Evans, and your other Petitioner Alex- 
ander Kilgour was Second to Edmond Key, and were present at 
the time the said Duel was fought ; For which breach of the Laws 
of this State, We your Humble Petitioners are now prosecuted in 
Saint Mary's Coty Court ; Edmond Key and Jeremiah Evans for 
fighting a Duel, and John Bond (of Thos.) and Alexander Kil- 
gour, for being seconds to the said Evans & Key. — We not 
knowing the Consequences of breaking the Law before are 
extremely sorry for committing an offeuce agst. it in this Par- 
ticular, and humbly pray that Your Excellency will grant a 
Nolle Prosequi to stay all proceedings against us your Humble 
Petitioners, in Saint Mary's county court, Edmond Key and Jere- 
miah Evans for fighting a Duel and John Bond (of Thos.) and 
Alexander Kilgour for being Seconds to them. And we your 
Humble Petitioners will, as in duty bound ever pray <fec. 

Feby 26th, 1792. 
[Endorsed. March 8, 1792 Noli pros, granted.] 



POSTSCKIPT TO STERETT-HADFIELD DUEL. 

(See page 79.) 

On June 4th, 1791, the Judges of the General Court, Messers 
Thomas Johnson, Robert Goldsborough and Jeremiah Townley 
Chase, addressed a letter to Governor Howard enclosing a number 
of papers relating to the Sterett-Hadfield duel, including the Coro- 
ner's inquest, the copy of the indictment and the following depo- 
sition of Ruben Etting, deputy sheriff of Baltimore county : 

" He this Deponent proceeded to Alexandria for the purpose of 
taking the prisoners described in the said warrant [Thomas Had- 



LETTEBS AND DOCUMENTS. 



275 



field and James Barry]; That npon his arrival at Alexandria he 
went to the Mayor of the Town and Shewed him his Warrant, 
npon examining of which the Mayor told this Deponent if the 
Persons cou'd be taken that he won'd deliver them to him on the 
Maryland Side of the Potomac ; upon which he issned a Warrant 
to the Town Sargent to take the said Persons described in his this 
Deponent's Warrant and to take them before him or some other 
Justice of the Peace upon which the officer to whom the warrant 
was directed went Next Morning at Breakfast took tliem ; Had- 
field then demanded to know if he was an officer from Baltimore 
lie told him No, but that there was one at the Door upon which 
this Deponent went in and then took the Prisoners to a Private 
Room and sent for the Mayor and One Magistrate — The Mayor's 
Name Philip Marsteller, the Magistrate's Name Olney Werner. 
A Mr. Watson a friend of Mr. Hadfield and a Mr. Simms an 
Attorney were admitted into the Room on this Deponent finding 
Mr. Simms to be an Attorney asked the Mayor if they intended 
to hear Council if so he would imploy one ; they made answer 
that they shou'd not attend to what any Pei'son said, appearing at 
that Time to be of opinion that the Prisoners Must be delivered 
to this Deponent ; npon which Mr. Watson sent for the Consti- 
tution of the United States and a Mr. William Hunter Jnn. a 
Magistrate and after a Consultation with said Hnnter they Called 
this Deponent into a Private Room and informed him that they 
cou'd not deliver the prisoners to this Deponent for that the 
power was not Sufficient but that it ought to have come from the 
Governor and Counsel of the State of Maryland : Then this 
Deponent applied to them to have the Prisoners Detain'd untill 
he cou'd Set ont and Obtain Such Power : Upon which they 
made answer that they cou'd not detain them that they cou'd 
deliver them if they cou'd detain them." 

Sworn before me 

Bsm. Nicholson. Seal. 



276 



MARYLAND HISTOBICAL MAGAZINE, 



GovEENOK Hicks and the John Bkown Eaid. 

Annapolis, October 27, 1859. 

To the Sheriff of Washington County. 
Sir: 

Information has reached me from sources which entitle it to 
consideration that efforts are now being made by certain mis- 
guided and fanatical persons in the neighbouring State of Pennsyl- 
vania to make an incursion through this State into Virginia for 
the purpose of attempting to rescue from the custody of the law 
the parties concerned in the late treasonable outrage at Harper's 
Ferry ; and I am further informed that these same parties 
threaten to carry off with them the slaves belonging to citizens 
of this State and to bum and destroy property. 

While I do not attach much importance to vain threats of this 
sort yet I am admonished by the suddenness of the outbreak at 
Harper's Ferry to take all ])recaution which prudence may 
suggest, so as to forewarn and forearm the citizens of this State 
without exciting undue alarm or seeming to magnify a murderous 
riot into a threatened civil war. 

I therefore think it proper to advise and direct you to name 
a sufficient number of deputies residing along and near the 
boundary line between this State and Pennsylvania, and also 
others, residing along the Potomac River in your county who 
may be empowered to act with authority in case of any unlawful 
or unusual assemblage of persons whose character and purpose is 
not known, and to arrest and detain for sufficient cause any per- 
sons travelling in parties armed, or otherwise acting and pro- 
ceeding in such manner as to give reasonable cause to believe 
that their intention is to incite riot or rebellion against the laws. 

I do not doubt that you will cheerfully and promptly do 
everything in your power to sustain public order, and protect 
the lives and property of citizens in your county ; and you may 
rely on all aid from myself in maintaining the authority and 
supremacy of the law. 

You will be good enough to acquaint me with the precautions 



LETTERS AND DOCUMENTS. 



277 



and measures you may have taken to this end, as well before as 
since the receipt of this communication. 

I am Sir your Obedient Servant, 

Thos. H. Hicks, 

Governor of Maryland. 

Annapolis, October 28th, 1859. 

J. M. Cole, Brig. Genl. M. M. 
Sir: 

Having learned by private communication entirely reliable 
as I consider, that one of the volunteer companies in your com- 
mand had been ordered to the Maryland border adjacent to 
Harper's Ferry when fears of an outbreak by Northern fanatics 
and their allies were entertained, I hasten to say if so, as I doubt 
not it is, that I entirely endorse such order by whomsoever 
given, and further to ask that such company be detained upon 
and near our line adjoining Virginia until the necessity for such 
force shall have passed by. In regard to the Armory at Frederick 
City — that during the threatened outbreak it should be looked to 
by commanding officers and if arms shall be needed to repel 
invasion by Northern fanatics, then let them be withdrawn by 
said commanding officers under your order or otherwise when 
necessary. 

Your obt. Servt., 

T. H. Hicks. 



Annapolis, Oct. 28th, 1859, 

Joseph Byrne Esq. 
Sir: 

Your favor to hand — contents considered as fully as circum- 
stances allow — being much pressed by business matters princi- 
pally upon subject on which you write. And first let me say, 
that I yesterday forwarded authority to Sheriif of your county, as 
also that of Frederick, ordering inauguration, at once of a suffi- 
cient Patrol (made effident of coarse) to scour your county, 
5 



278 



MABYLANB HISTOEICAL MAGAZINE. 



attending particularly to guard State line and the border of 
Maryland on Virginia, particularly those parts adjacent to Penna. 

In event of Marauders or Euspicious persons making their 
appearance, a warning notice will be given and military foi'ccs 
brought to scare off trouble. Trusting that no further serious 
outbreak may annoy you and with the assurance that all proper 
steps will be taken by me for protection of our citizens, 

I am respectfully your obt. Servt., 

Thos. II. Hicks. 

To Joseph Byrne Esq. 
Harper's Ferry. 



Annapolis, Oct. 28th, 1859. 

To Majr. Genl. Stewart, M. V. 
Sir: 

In examining Record this morning, I find, cither neglect to 
acknowledge receipt of your last full and satisfactory report 
made in regard to troubles at Harper's Ferry, or if response was 
made, then failure to retain Copy for record ; in either event no 
wrong can be done by saying, perhaps repeating, that your orders 
given, and proceedings generally on that occasion, met my entire 
approbation, and is now fully endorsed by me, trusting that 
Fanaticism, Madness, may never again, require of yourself and 
those in your command, similar worry, and with my thanks to 
you and those good and true officers and Soldiery under com- 
mand, for prompt action and manifest decision in favor of Law 
and order, am as ever 

yr obt Servt, 

Thos. H. Hicks. 

P. S.— Still suffer ill health. 



Annapolis, Nov. 2nd, 1859. 

To Brig. Genl. J. M. Cole. 

I acknowledge Avith great satisfaction, receipt of your com- 
munication, per mail of yesterday, to this place. 

Your order of Capt. Sinn's Company of volunteers, to and 



tElTERS AND DOCUMENTS. 



279 



from the border of our State adjacent to Harper's Ferry, was in 
my opinion entirely proper, under the circumstances as detailed. 

I trust the very summary manner in which those madmen 
have been met and repulsed and are being exterminated, may 
teach Northern Fanatics a lesson, not to be forgotten, and give 
us pcaee and quiet. 

Very respectfully yr obt Servt, 

Tho3. H. Hicks. 



Annapolis, Nov. 28th, 1859. 

Col. Jos. P. Warner, 

Yours with Copy, to Land — motive and action on your part 
appreciated and with my thanks allow me to say, that I desire 
you with your command to be in readiness for emergency, shall 
it arise. 

I have a police or scouting force in border Counties, viz. Fred- 
erick, Washington and Allegany Counties, who will give notice at 
earliest occasion for alarm — when, shall it occur, I desire all shall 
be ready and quickly in motion. 

I cannot suppose there arc many more mad Browns, and yet I 
think it prudent to prepfire for the worst, avoiding at same time, 
creating unnecessary excitement. 

Very respectfully yr obt Servt. 

Thos. H. Hicks. 

Annapolis, November 29, 1859. 

To His Excellency 

The Governor of Virginia. 

Dear Sir : 

I have received the communication which you were good 
enough to send me under date of the 25th instant, enclosing a 
copy of the letter addressed by you, on the same day, to the 
President of the United States, in relation to information which 
has reached you of tho d'^sifrns and threats of invading Virginia, 
and of rescuing Brown and his confederates from the custody of 
the law. 



280 



MARYLAND HISTORICAL MAGAZINE. 



The confidence you have expressed that I will faithfully 
cooperate with the authorities of Virginia, in preserving the 
peace of our coterminous borders, is justified by the measures I 
have already adopted, and by the means I will use to that end, 
as well as by the plain interests and well known dispositions of 
the people of this State. 

While I regard the threats which have been reported, as the 
exaggerated or idle boastings of fanatics whose courage is only 
sufficient to urge others to desperate and treasonable enterprises, 
I have deemed it prudent to make such provisions, by my orders 
to the Civil and Military authorities of this State, and especially 
to those in the counties adjoining the scene of the late outrage, 
as will prevent the occupation of any place within our borders 
for a depot or rendezvous for lawless desperadoes who may seek 
to make war upon the people of Virginia. 

In these, as well as in the characler and disposition of the 
citizens of this State, I have complete confidence ; and to these I 
will add at once such other measures as will, I trust, remove even 
the fear that the borders of this State may be made the points 
whence to assail the rights or the property of our brethren. 

With the highest respect I am Sir, 

Yours truly 

Thomas H, Hicks, 



Annapolis, November 29th, 1869. 

To the Sheriff of Washington County, 
Sir :— 

In a communication addressed to you on the 27th of October, 
I advised and directed you to summon a sufficient number of 
deputies who might assist in the preservation of order and the 
public peace against any attempted outbreak in favor of the 
criminals now at Charlestown in Virginia, condemned to death 
for the treasonable outbreak at Harper's Ferry: and arrest all 
improper and lawless persons whose conduct or bearing might 
justify their being detained for examination. Since then I have 
received several oommanications from the Governor of Virginia 



LETTERS AND DOCUMENTS. 



281 



in which he assures me that reliable information has reached him 
of the intended invasion of that State, on the day appointed for 
the execution of Brown (December 2d) and of the threatened or 
intended assemblage of lawless persons who design to attempt the 
rescue of Brown and his confederates. 

I am still of the opinion that these reports are exaggerated or 
magnified by the fears of the population among whom such outrage 
could be attempted, and I hope that the steps you have already 
taken may be sufficient' to preserve public order; but in view of 
the repeated instances of the Governor of Virginia, of the respect- 
ability of the sources whence, as he assures me, he derives his 
information : of the importance to us that our authorities with 
the assistance of our citizens, should maintain the supremacy of 
the law, and guard the rights of our brethren in matters which 
interest us so nearly, I think it advisable again to call your atten- 
tion, and through you the attention of your deputies, to my former 
communication ; and to direct you to exert a renewed vigilance 
along the borders of your county, and to cause the arrest and 
detention of all lawless and dangerous persons who by their 
behavior or sudden appearance in armed bodies, or in companies, 
whose number or mode of travelling may justify the suspicion 
that they are engaged in unlawful proceedings. 

And it is my wish and direction that upon receipt of this, you 
will in addition to your former dispositions make such provision 
by calling to your aid the good and lawful men of your county 
in that part opposite to Harper's Ferry, in number sufficient to 
resist and put down any riotous or unlawful assemblage there, 
especially upon the days immediately preceding and following, as 
on the day appointed for the execution of the Criminal Brown. 
In the event of any actual outbreak, or the appearance of such 
numbers as may render it necessary, you will of course call to 
your aid the Military who may be within reach, and the com- 
manding officers of which are alrmdy aware of my wishes and 
orders. 

I am sir, your obedient Servant, 

Thomas H. Hicks, 

Governor of Maryland. 



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MARYLAND HISTORICAL MAGAZIITE. 



STAMP ACT PAPERS. 

(From the Society's ColleotionB. ) 



Instructions from the Honourable the Lower House of Assembly, of tlie Prov- 
ince of Maryland, to William Murdock, Edward Tilghman and Thomas Ring- 
gold, Esquires, a Committee appointed to join the several Committees, from the 
several Colonies in America, at New York. 

Gentlemen. You are .to repair immediately to the City of New York, in the 
Province of New York, and there join with the Committees from the Houses of 
Representatives of the other Colonies, in a general and united, dutiful, loyal, 
and humble Representation to his Majesty, and the British Parliament, of the 
Circumstances and Condition of the British Colonies and Plantations, and to pray 
Relief from the Burthens and Restraints lately laid on their Trade and Com- 
merce, and especially from the Taxes imposed by an Act of the last Sessions of 
Parliament, granting and applying certain Stamp Duties, and other Duties, in 
the British Colonies and Plantations in America, whereby they are deprived, in 
some Instances, of that invaluable Privilege of Englishmen, and British Subjects 
Trials by Juries. That you take Care that such Representation shall, humbly and 
decently, but expressly contain an Assertion of the Eights of the Colonists, to be 
exempt from all and every Taxations and Impositions upon their Persons and 
Properties, to which they do not consent in a Legislative Way, either by them- 
selves or their Representatives, by them freely chosen and appointed. Signed 
by order of the House. Robert Lloyd, Speaker. 

Proceedings of iAe Goru/ress at New York. [Colophon] Annapolis. Printed by 

Jonas Green, Printer to the Province, mdcglxvi. 

London 26tli of Pebry 1Y66 

Gentlemen, 

Your Pavour of the 26tli of Octor past with the Petitions ^ 
and Bill upon Messrs Hanbury enclosed did not come to Hand 

^ "In order to prosecute the Appeal to His Majesty in Council respecting the 
Allowance of the Clerk the Members of the Lower House have I understand 
opened a Subscription & at the Conclusion of the Session contributed themselves 
about £ 150 which will probably by this Opportunity be remitted to Mr. Garth 
whom they are to employ as their Agent & through whose hands their Address 
to the King upon the Repeal of the Stamp Act is to be transmitted." Sharpe to 
Hamersley, Md. Archives, v, 14, 356 ; and other references to Garth may be found 
in same volume at 385, 391, 395, 419, 431. 

"Paid for Bill of Exchange, to remit to Charles Garth, Esq., with the Address 
and Petitions £150 Sterling, at 65 per Cent. Excbftnge, £247 10". — Precetdings of 
the Congress at New York. Annapolis, 1766. 



STAMP ACT PAPEES. 



283 



untill the 28ih of Janry; I am particularly oblig'd by the 
Civility, and for the high Opinion you have been pleased to 
entertain of me from the Information wch has come to yr 
Knowledge. As far as a faithful Discharge of my Duty gives 
a Title to Merit, I possibly may be thought to have some 
Pretensions, having made that the great Object of my Life; 
It was a particular Duty incumbent upon me to promote the 
Interests and Prosperity of So. Carolina, for which I have 
had the Honour & Satisfaction of receiving the highest Marks 
of their Approbation; in opposing as I have done to the 
utmost of my Power this late Attack upon the general Liberty 
and Happiness of the Siabjeet in America, at the same Time 
that I was thereby discharging the general Duty of every Sub- 
ject under this excellent Constitution, I was pursuing the 
Dictates of my own Conscience, and putting in Practice Prin- 
ciples I had early imbibed, without expecting any other 
Approbation, than that of a Heart conscious to itself of hav- 
ing done what it ought. 

But as by that Means I am become recommended to yr 
Consideration, on the part of the Province of Maryland, I 
must beg you will be assured of my most zealous Endeavour 
in the Execution of yr Commands. I have already men- 
tioned the Day on which I was favour'd with your Packet, 
which was the first I had receiv'd from America follow'd a 
few Days after by a Request of the same JSTature from the 
Assemblys of So. Carolina and Georgia. 

I am now to inform you that upon the 27th Janry a 
Petition from the Congress on the Part of the Massachusets 
Bay had been offer'd to the House of Commons, wch brought 
on a long Debate, Objections being taken to its Admission, 
the first to the Form, as contrary to an express Order of the 
House touching Petitions, Vizt. " 1689 Ordered that all Pe- 
titions to be presented to this House, shall be signed by the 
Petitioners themselves by their own Names or Marks " that 
this was the Petition of the Freeholders & other Inhabitants 
&c but signed by a few particular Persons as Committees from 



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MABYLAND HISTOEICAL MAGAZINE. 



several Assemblys, to which it was answered, that the Gentle- 
men who had sign'd it, tho' the Addition of Comittee was 
added to each Name, might notwithstanding be very properly 
taken to be Freeholders of the respective Colonies petitioning, 
being Members of the respective Assemblys ; Another Objec- 
tion was that it partook too much of a federal Union assembled 
without any Requisition on the Part of the supreme Power, 
and that the House by receiving a Petition from Persons so 
unconstitutionally assembled without legal Warrant or Au- 
thority wou'd give Countenance to a Step, it ought in the 
strongest Maimer to set its Face against, as pregnant with 
great Danger to his Majesty's Authority and Government; 
to this it was reply'd that the Meeting had was apparently 
for no ill Purpose whatsoever, but with a View to consider 
of the most proper Method of applying to their Sovereign 
and to both Houses of Parliament for a Redress of a general 
Grievance, for which Purpose a general Application seem'd 
to be the properer Mode, at the same Time that considering 
how little Attention was last Year given to the separate Pe- 
titions of particular Colonies, or of the Agents & others in 
Behalf of the People in America, it might well be imagined 
that a general Petition prepared and signed by able Gentle- 
men, in whom each Colony reposed a Confidence, might carry 
more Weight with it, and be entitled at least to a different 
Treatment; and as to the Unconstitutionality of the Meeting, 
it as little deserved that sort of Construction to be put upon 
it, as any of the Meetings of a Variety of Gentlemen from 
several Counties and Corporations in England to consider of 
proper md effectual Measures for an Application to Parlia- 
ment for a Repeal of any Act that might be deemed burthen- 
some to those Bodies, which was the Case in the Cyder 
Counties: When the People or any Part thereof are aggrieved, 
it was said there was no Law nor Constitution within any 
Part of the Dominion of Great Britain to hinder them from 
asseBabling in a quiet and peaceable Manner to consider of 



STAMP ACT PAPEES. 



285 



their G-rievances and the ^Means to obtain Relief and Redress ; 
this was declaredly the Object of that Heeting and apparently 
the Case & no other. 

A third Objection that it tended to question not only the 
Eight of Parliament to impose internal Taxes, but external 
Duties, both being blended together as necessary to be re- 
pealed, and it was said that for questioning the Eight in the 
first Instance the Petitions last Year were refused a Eecep- 
tion ; much more then a Petition question ing the Power iu the 
Case of Duties necessary for the Eegulation of Trade, wch 
went to the very Vitals of the Legislative Authority and 
Strongly pointed at Independency upon the Mother Country. 
It was this Circumstance that prevented the Ministry from 
cordially Supporting it, who after much Debate on this Head 
expressed their Wish that the Motion, made for Leave to 
hear the Petition read by the Clerk and referr'd to the 
CoMittee, might be withdrawn, but this not being readily 
complyed with, there being an Order of the Day not gone 
into, they moved about Eleven at Night for the Order of the 
Day, which was agreed to, and in that Manner the Pate of 
that Petition determin'd: As I could not sec the Force of 
the Arguments urged against receiving it, being of Opinion 
that no Defect in Point of Form (when the Eules and Forms 
of the House cou'd not only not be known to the Petitioners 
but which if known, tho' not strictly and literally adher'd 
to) ought to be urged and insisted upon in a Matter of Such 
Importance and Concernment, and further thinking it much 
better & more parliamentary that Parliament should receive 
the Petitions tendered, when if there was any indecent or 
unbecoming Expressions or Assertion therein it might be a 
proper Subject for a Eesolution after Debate thereon, I most 
heartily wished the Ministry wou'd have countenanced & 
divided upon its Admission, & the rather as Mr. Pitt was 
strong in Favour of its Eeception, the Petitioners expressing 
therein their unbounded Affection for their Mother Country 



286 



MARYLAND HISTOBICAL, MAGAZINE. 



and that their Subordination to the Parliament was univer- 
sally acknowledged which he wish'd should remain to Posterity 
in the Journals of the House. 

Upon the 28th we went into a Committee of the whole 
House upon the Affairs of America, which has sat almost 
every Day since for 8 or 10 Hours until the 21st Instant, 
in the Course of which several Resolutions were propos'd 
debated and the enclosed seven agreed to, upon the last there 
was a Division wch was carried in the Committee by 275 
Voices agt 167. The Chairman of the Committee made his 
Report to . the House on the 24th when a Motion was made 
for recommitting the last, after Debate the House divided, 
& it was carried to agree with the Committee therein by 240 
Voices agt 133. 

I enclose you the Votes of the Day by which you will sec 
the Orders of the House, I most heartily congratulate you 
on our Svicccss thus far. Wo shall doubtless givo the Bill 
for a Repeal of the Stamp Act all possible Dispatch, but I 
own I am anxious for the Day of its being sent up to the 
House of Lords, where, I believe, it will encounter much 
Opposition tho' I hope and flatter myself without Effect. 

You will possibly expect I should giv6 you some Account 
of the Steps I have taken with Respect to the Papers you 
transmitted to me, but as the Ship is, I understand, upon her 
Departure every Minute, I have not Time to give you the 
particular Account thereof, which I intended. Mr Hanbury 
informs me I shall have an Opportunity of writing more 
fully in a few Days, by which Conveyance I shall send joii 
a Detail of what past between Mr Conway,^ Lord Dartmouth ^ 
and myself upon the Subject of the Petitions & Memorial to 
whom I immediately went upon the Receipt of yr Commands 
to notify the same and to desire their Patronage and Counte- 
nance thereof, I shall likewise send you fuller Information 

'Henry Seymour Conway [1721-179")]. Secretary of State, 1765-8. 
'William Legge, Second Earl of Dartmouth [1731-1801], President of the 
Board of Foreign Trade and Plantati<ms, 1765-6. 



STAMP ACT PAPEES. 



287 



of the Proceedings had in the Committee of the whole House, 
the Kesult thereof being so material ealls for the earliest 
Dispatch ; as you will undoubtedly lay this Intelligence before 
your Assembly immediately upon its coming to Hand; to 
whom I must beg that therewith you will do me the Favour 
to present my proper Respects and to assure them that I shall 
with the greatest Pleasure obey any Commands that the 
Province of Maryland may have to be transacted in Great 
Britain, in which they may think I ean in any Shape be of 
Service to them. 

I am Gentlemen, with great Regard 

Yr Most Obedt. and Most Hble Servant 

Chas. Garth. 
Messrs Ringgold, Murdoch & Tilghman. 

London March 5th 17 G 6 

Gentlemen 

In my last I informed you that I propos'd very shortly to 

trouble you farther with an Account not only of the Steps 
I had taken in Consequence of yr Commands, but of the 
Proeeedings had in the Committee of the whole House upon 
the jSTorth American Concerns. I proceed therefore in the 
iirst Place to acquaint you that the next Morning after the 
Receipt of your Packet, I went in Search of Mr DePert, who, 
I understand had received an Appointment of the same kind 
from Boston, when I had seen him, I sent to Mr. Secretary 
Conway to beg the Favour of an Audience upon Papers I 
had reeeiv'd from America, he was so obliging to appoint 
12 the next Morning, just before I was going to him, a Packet 
was brought me from So Carolina and another from the 
Province of Georgia. I had just Time to run over the same 
before I saw Mr Conway. I acquainted him with the several 
Applications I had received, and gave him the Petition to his 



288 



MARYLAND HISTOEICAL, MAGAZINE. 



Majesty, wcli he told me he should lay before the King and with 
Regard to the Petition to the House of Commons we had a 
great deal of Conversation thereon the Petition transmitted 
by You stood exactly upon the same Predicament with that 
mentioned in my last offered to the House on. the Part of the 
Committees of Boston, that which came from So. Carolina & 
Georgia differ'd in so far as they had been approved in their 
Assemblies and sign'd by the speakers respectively: but the 
great objection wch had been taken to the other, that of 
blending the Power of Taxation & of imposing Duties still 
remain'd wch with all his Inclinations to the Colonies, he 
knew Administration could not give Countenance to ; and as 
to the Question of Right, that had been too solemnly debated 
and settled two Days before any Change to be expected ; possi- 
bly by attempting to introduce such a Petition after the De- 
termination that had in a Manner taken place, I might put 
to Hazard a real Service to America, the great Object of 
Solicitude being a Repeal of the Stamp Act, which as Times 
were, Division and Faction rife, and Country Gentlemen, 
many of them wavering in Opinions, and others easily en- 
flam'd, it was to be wish'd, should have as few Obstructions 
in the Way as possible, and to compass which was the Reso- 
lution of himself and the rest of his Majesty's Servants in 
Administration From Mr Conway I went to Lord Dart- 
mouth, to whom I communicated the Commands I had been 
favour'd with, our Conversation was nearly of the same 
Import wth that wch past at the Secretary of State's Office; 
but as I had to ask of his Lordship the Introdiiction and 
Patronage in the other House of the Applications to the 
House of Peers, we had some Converse upon the Form of the 
Address, being in the Stile of a Memorial, and not by way of 
Petition, as to the King and to the Commons, a Distinction 
that would undoubtedly give great Umbrage and upon which 
Account the Lord Chancellor told him, that a Question wou'd 
be put upon the Reception, his Lordship having seen that 
which had been transmitted from the Massachusetts; Lord 



STAMP ACT PAPERS. 



289 



Dartmouth desiring me to consider how far, after what had 
been solemnly determined in both Houses before I received 
my Packets, I could with Propriety or not extract from the 
Memorial such Parts as had not been in Judgment, and pre- 
sent the same to the Lords sign'd by myself in Behalf of the 
three Colonies of Maryland, So Carolina and Georgia. I for 
that Time took my Leave, having turn'd in my Mind all that 
had fell upon the Subject, I resolved to make no Extract from 
a Representation, which had received the Approbation of six 
Setts of Committees at the Congress, and had been afterwards 
approv'd and confirm'd in the Assemblies of South Carolina 
and Greorgia and Signed by their respective Speakers; but I 
drew up a Petition, a Copy of which I enclose, by way of 
introducing the Memorial, with which I waited upon Lord 
Dartmouth, and inform'd him of the Determination I had 
come to upon a full Consideration of what had dropt from 
his Lordship ; I loft with him my Petition together with the 
Memorials and by his Appointment to attend him again the 
Morning after; when his Lordship told me he had given his 
Attention to my Ecquest, and as the Point of Right had 
already been declared and as his Majesty's Ministers had 
determined to take the Sense of Parliament upon a Repeal 
of the Act, he thought the Necessity of presenting these 
Memorials did not press, if a Repeal could be compass'd, all 
was effected that could be wish'd or desir'd, if the Question 
Shou'd be lost we shou'd notwithstanding be at Liberty to 
apply for an Alteration of the Act, and for Relief in the 
great Articles of Oppression from the Extension of the In- 
stitution of Admiralty Courts, from the Inability of the 
People, and from the extreme Hardships and Burthens, that 
are by this Act brought upon all Conditions of Men, in par- 
ticular of the lower Class in America. I saw plainly the wish 
of our Friends not to hazard any Qur '^tinn that might endanger 
the Loss of a single Voice upon the Point in Prospect, and 
therefore resolved to wait the Event, being convinc'd, from 
what had already pass'd in the HoTise of Lords, of the Pro- 



290 



MAKYLAWD HISTOEICAL MAGAZINE. 



pricty thereof; It is upoa this Account I have been so par- 
ticular in this Detail, that my Conduct and Actions may 
speak for themselves, which indeed waited not for Instructions 
to steer by. 

I shall now proceed to the other Articles of Intelligence 
which I promis'd to transmit +o you and which perhaps you 
may not receive with that Accuracy in Point of Substance 
from any other Pen, no Stranger having Liberty of Admission 
this Sessions, the Votes of the House of Commons will in- 
form You of the iTumbcr and Variety of Papers laid before 
the House, many of which there was an Order for printing, 
but upon a more mature Consideration that Order was re- 
scinded, the Contents of many of the Papers being Deem'd 
improper for the Knowledge of People without Doors, and 
for that Reason an Order was made that, during the Reading 
of those Papers and the Debates thereon in the Committee, 
no Strangers whatever shou'd be admitted within the House. 
Upon the 28th of Janry the Committee of the whole Hoiise 
on the Affairs of America commenc'd; Reading the Papers 
mention'd in the Votes, and the Examination of Doctor Mof- 
fatt, Mr Howard and Major James (which employed a few 
Hoiirs of the last Day) took up three whole Days, the Com- 
mittee sitting till near Eleven each is^ight, very sorry I am 
to observe Aat the Contents of many of the Papers, particu- 
larly from the ISTorthern Colonies, touching the Legislative 
Authority of Parliament, for Language and Expression, 
together with the Accounts of the tumidtuous Proceedings, 
the ^^attire and Extent thereof, were received by the Com- 
mittee with an Impression, far from favourable to the great 
Object in View; it is very unfortunate that the Steps taken 
to prevent the Act taking Place were in some Places carried 
to that Length and Ettremity they have been, at the same 
Time I am but sensible how little practicable it is to set 
Limits to an enraged Populace; I mention this because I 
think it has in some sort hurt the Cause not only in the 
House of Commons but very much in the House of Lords, 



STAMP ACT PAPJEKS. 



291 



the Ministry having since, as I am inform'd, lost two Ques- 
tions in a Committee of that House upon an Address pro- 
posed, as being eoueh'd in Terms not sufficiently authoritative, 
nor expressive enough of the Sovereignty of England over its 
Colonies, after the Expressions and Transactions that have 
taken Place among them. A Circumstance that had its Share 
in influencing my Judgment in the Determination I have 
above mentioned to have taken of waiting the Event of the 
Attempt to repeal the Act. 

The 3d of Febry we went into a Debate to consider of 
Resolutions proper to be agreed upon, after the Information 
and Intelligence that had been communicated; when Mr 
Secretary Conway had proposed a Resolution Vizt " That the 
King's Majesty by and with the Consent of the Lords Spiritual 
& Temporal & Commons in Parliament assembled had, hath, 
and of Right ought to have full Power and Authority to make 
Laws and Statutes of suiHcient Force & Validity to bind the 
People in America, Subjects of Great Britain, in all Cases 
whatsoever." Mr Conway and the Chancellor of the Ex- 
chequer said they were induced to offer the Proposition in 
this extensive Manner, not only as necessary to meet the 
Resolutions and Language of several of the Colonies, but 
becatise upon the fullest Enquiry into the Constitution of 
Great Britain, they were convinced that in Point of Law, the 
King, Lords and Commons were undoubtedly possessed of 
that Power, tho' in Point of Policy, Justice or Equity, it was 
a Power that they ought to exercise but in the most extra- 
ordinary Cases only. Colo Barrie mov'd to ha^-^e the Words 
" in all Cases whatsoever " left out, and he shou'd have no 
objection to the Resolution as it wou'd then stand, he was 
seconded by Mr Pitt. The Arguments in Support of this 
Motion imported among the Variety of Suggestions offer'd, 
that the Subjects in the Colonies, when first they emigrated 
from hence, went with License, carrying with them every 
Right the Crown could grant, and e^'ery Right of British 
Subjects, carrying with them the Oomuion Law &i the Land; 



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MAEYLAND HISTOEICAL MAGAZINE. 



that by the Common Law and Spirit of this Constitution no 
Man could be taxed without being represented, that the People 
of America could not with the smallest Propriety be said to 
be represented in the Parliament of Great Britain, and it 
was Representation that alone gave the Eight and Power to 
the Commons of imposing Taxes, this was the Foundation 
of all Mr Locke's Arguments & Reasoning, greater Authority 
could not be produced: That the Principles of Taxation as 
distinguished from Legislation were as distinct Principles & 
Powers as any two Propositions under the Sun, had been 
considered uniformly such by our Ancestors thro' many Ages ; 
the Counties Palatine of Chester & Durham always tax'd 
themselves by Writs of Requisition, and on that Account when 
the Grant of a Charter was made out erecting Lancaster into 
a County Palatine there was therein an express Reservation 
of the Power of Parliament to impose Taxes upon the People 
within that County, which wou'd have been unnecessary, if 
the Power of Parliament was such as contended for, but which 
became proper, the separate Claim of taxing within the re- 
spective Counties Palatine of Chester and Durham under 
their respective Charters being at that Time known, and the 
Inconveniences felt from the Exercise of that Power by them- 
selves, without the Interposition of Parliament, precluded by 
those Charters; That the Clergy taxed themselves, and yet 
were no Part of the Legislature, for tho' the Abbots, Arch- 
bishops and others sat in Parliament, yet not upon the Ground 
of Representation, and therefore the Body of the Clergy would 
not suffer them to tax them, but separately and by themselves 
of their own free Gift granted to the Crown the Subsidies 
they did from Time to Time, the Lords nor Commons ever 
altering or attempting to vary the Taxes granted by the 
Clergy, a strong Authority to prove not only that Legislation 
is one Thing and Taxation another, but in what the true Con- 
stitution of this Country, as handed down to us by our Ances- 
tors, consisted: The Commons granted, it was the Grant of the 
Commons that was tiie Substratum upon which King, Lords 



STAMP ACT PAPEES. 25)3 

and Commons agree to give the IForee of a Law, & make it 
an Act of Legislation, to empower and enforce legal Obedience 
to the Grant. Further all Bills that have pass'd both Houses 
remain in the Upper House for the King's Fiat, except Bills 
of Subsidy and Taxation, which when pass'd by the Lords are 
again sent down to the Commons, whose Speaker presents it 
to the Sovereign as the free Gift of the Commons, and it is 
to them only the King applies both when he asks and when 
he thanks for a Supply: That Powers have by express Com- 
pact been granted to and accepted by the Colonists and re- 
peatedly recognized by Parliament, it was plain we intended 
them to be free as ourselves, having given them a Constitution 
as nearly resembling our own as we can; They have the Power 
given them of raising and of granting their Money, a Power 
which constitutes the very Essence of Parliament, if this 
Power is taken from them, the very Existence the very 
Essence of Assemblies is destroy'd. Grievances then can 
never be redress'd, and Grievances they have had and will 
in all Probability have again, which ought always to take 
Place of Grants of Money, otherwise very material Griev- 
ances among those distant Subjects may sometimes (at least 
for a long Time) remain without Redress. Upon this Prin- 
ciple the Stamp Act cou'd not but be deemed a Grievance, 
and circumstanc'd as they arc calls loudly for Redress, but 
at the same Time that you redress the Grievance, the Violence 
committed calls equally for the Hand of Resentment, and it 
greatly imported the Dignity of Parliament to see that the 
principal Offenders were brought to condign Punishment; 
The Claim of Contribution from the Colonies none can deny 
to be just, but the Mode of procuring it may be quite the 
reverse, Great Britain and the Colonies in the Article of Taxes 
may have very opposite Interests, and there may be a Proba- 
bility of Alleviation to the Burthens of one at the Expense 
of Oppression to the other: Besides that the Circumstances 
and Abilities of the Colonies cannot be so justly and truly 
known to the Commons of England as to their own immediate 
6 



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MARYLAKD HISTORICAL MAGAZINE. 



Eepresentatives in tlieir several and Eespective Assemblies; 
there they enjoy the Exercise of that fundamental Eight, of 
having some one in the Case of Tallages ^ to speak for them 
and to represent their Condition & Abilities, in Parliament 
it is an almost impracticable and impossible thing, and by 
that Means they lose a very important Privilege belonging 
to the Represented. The supreme Power wheresoever lodged 
is undoubtedly comptroulablc, for it must and it will con- 
troul itself by the Powers of Reason, always should act upon 
the Principles of Humanity & Justice; Circumstanc'd then 
as the Colonists are in Point of Distance, Situation, Abilities 
& Rights, tlie greatest Caution cannot be too great in the 
Exercise of this great Supreme Power, as it is to affect the 
Subject there: It was Lenity, Humanity & Magnanimity that 
did more to preserve to Rome the Roman Colonies secure & 
dependent than all the Legions she ever was Mistress of or 
cou'd at any Time command ; That shou'd it be the Sense of 
the House after all, that Parliament is in Possession of this 
Summum Jus, it will do well to remember, the svmma Injuria 
is its well known Offspring. On the other Hand, the At- 
torney General York,^ the Chancellor of the Exchequer, all 
the Gentlemen of the long Robe, and others express'd them- 
selves in favour of the Proposition, as offered by Mr Conway, 
after approving the Propriety of confining the Debate to the 
single Point of Power and the Right in the Parliament, with- 
out intermingling therewith any thing touching the Expedi- 
ency of a Repeal of the Law so greatly complained of, which 
wou'd become a fit and proper Subject for the Consideration 
of another Day, they entered fully and at large into the 
great Question; The Heads of the most material Arguments 
I think were to the Effect following; That the Establishment 
of the Colonies was originally by License from the Orown, 

' " Tallage was a tax levied at a feudal lord's .arbitrary will upon more or lees 
servile dependants, who had neither power nor right to refuse." MoKechnie. 
Macjna Carta, 278. 

» Charles Yorke [1722-1770]. 



STAMP ACT PAPEES. 



295 



who by Charter gave them the Jura regalia and Powers of 
Government as necessary for their Protection, Defence, and 
Support, of Civil Goverimaent among them, being to be so 
far distant from the great exeeutive Power of the Eealm, 
whieh Powers of Govermnent so given by the Crown were of 
a ature with those granted to the East India Company and 
to great Cities and Corporations in England, eaeh having a 
Power of raising Money for their Support, but neither of 
whieh eou'd by any Grant the King eou'd make, be exempt 
from the supreme Authority of King, Lords & Commons. 
That the Crown was but a Part of the supreme Power of the 
Realm, and therefore eou'd give no more, indeed in some In- 
stances seem'd to have granted all that he had to grant, but 
by no Construction eou'd be deem'd to have granted that whieh 
he had no Power to grant, that whieh belonged to the supreme 
legislative Power, which in all Ages did extend wheresoever 
the Sovereignty of the Crown did oxtend ; That the Colonists 
carried with them all the Subjection and Allegiance they 
owed when resident in Great Britain, that no Time nor Dis- 
tance eou'd terminate that Subjection and Allegiance, whieh 
by the Law of the Land must descend to their own immediate 
Heirs, & to all their Posterity; whatever Compact was stipu- 
lated between the Crown and those his Subjects upon their 
Emigration no Condition whatever was made or wou'd have 
been suffer'd between them and the supreme Sovereign Power. 
That the Parliament had Power to alter and change their 
Property, to enaet Laws for Punishment of great Offences 
and in particular of High Treason, by whieh the Property 
might be divested. Inheritance taken away etc. without their 
immediate Consent, and yet not have a Power to impose a 
Tax upon their Property, seem'd an extraordinary Propo- 
sition; That after the Revolution, upon an Application to 
have the Judgment reversed which in 1684 had adjudged the 
Charter of Massaehusetts Bay to be null and void upon a Writ 
of Quo Warranto of King James the 2nd. the Agent urged 
Illegality in the Manner of Proceedings, upon which that 



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MAKYLANC HISTORICAL. MAGAZIKB. 



arbitrary J udgment was grounded, and insisted that the J udg- 
ment shou'd be revers'd, and in Consequence the Charter 
restor'd in toto, but PoUexfen ^ and Holt ^ gave their Opinions 
that if the Charters were restor'd because of the Illegality 
of the Proceedings, yet they must expect to have that Charter 
in due Manner repeal'd, because the Crown had not, nor 
cou'd have the Power to grant, as in that Charter had been 
granted, and accordingly it was not sent back in its first Ex- 
tent but alter'd in very material Points, a Proof and Authority 
of the Sense and Opinion of the Kingdom upon the Kevolu- 
tion touching the Force and Efficiency of the Charters to the 
Colonies as controulable by an Authority in Great Britain 
short of the Supremacy of the Realm: That in the Year 1713 
a Bill was brought into Parliament for the Purpose of raising 
a Revenue within the Province of New York, in Consequence 
of a Refusal there to levy for the Support of his Majesty's 
Government, a Bill advis'd and prepar'd by Sir Edward 
Nor they ^ and Lord Raymond,* who were well known the ablest 
Lawyers and greatest Sticklers & Defenders of the Liberty 
& Property of the Subject wheresoever inhabiting, that this 
Kingdom cou'd at any Period boast of. That in 1716 a Bill 
was brought in by the great Secretary Stanhope ® for resuming 
Powers which had been granted in the Colony Charters : That 
in 1717 a Bill was brought in to take away the Charters which 
had been granted to the several Colonies, the Power of Parlia- 
ment in any of those Cases was never questioned, that if the 
Parliament had the Power to take away those Charters, by 
Virtue of which the Colonists claim the Right & Power of 
imposing and levying Taxes, it cou'd not but be possessed of 
the Power of Taxation ; Mr Dummer, than whom, it was said, 
no Man better understood the Nature and Extent of the 
Colony Constitutions, in the able Defence he made in Behalf 

iSir Henry PoUexfen [16327-16911. ' Sir John Holt [1642-1710]. 
' Sir Edward Northey [1652-172,3], Attorney-General. 
*Sir Robert Baymond, first Baron Baymond [1673-1733], lord chief-justice. 
*WilIi8si Stanh^, fint ^Ie(%»ri»gtoB [1^9-1766]. 



STAMP ACT PAPEES. 



297 



of the Colonies, never so much as suggested a Hint tending 
to question the Power of Parliament, he desir'd their Charters 
might be considered in the same Manner with all other 
Charters of Incorporation, which in Times when civil Liberty 
flourished, were never taken away or forfeited unless the 
Incorporated had done something to deserve & incur a For- 
feiture. That as to Representation, either actual or virtual, 
it was by no Means the sole and antient Basis of the SuprOTie 
Power and Authority of Parliament. The Clergy, it was true 
tax'd themselves for a considerable Length of Time, not be- 
cause they were not represented in Parliament, Gentlemen 
conversant in the true and antient History of this Country 
cannot be ignorant how great the Power of the Church was 
in this Kingdom, amongst other Exertions of that Power at 
the Instance of the Clergy, the Pope issued his Mandate, 
exempting their Lands from being tax'd as appropriated to 
the Maintenance of Holy Churcli, but not having exempted 
their Chattels in subsequent Times Parliament was about to 
exercise the Power of Taxation thereon, which occasioned a 
Stipulation between the Crown & the Pope, to whom the 
Clergy again complained, that the Eull of Exemption shou'd 
be repeal'd, and the Clergy should yield Contribution to 
G-ovemment; provided they shou'd grant alone and for them- 
selves, this was the Foundation of the Clergy's subsidizing 
their Lands and Property separate and apart, an undoubted 
Infraction upon the Constitution and which in after and more 
enlighten'd Days was restor'd to its antient pristine Power; 
That the supreme Power must be compleat and entire; in 
Legislation and Taxation coequal and coextending, and tho' 
by Equity from Regard to Circumstances and Situations In- 
dulgence had been given either to come to Parliament or to 
raise Money in the Way of Taxation for the local Purposes 
of subordinate Districts and Governments, yet that Indul- 
gence cou'd never abridge the Supremacy in any of its Powers 
and Authority; Upon this Principle the Parliament of Great 
Britain alone could smi did, (Irekaid having ih&t Indiilgeoce 



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MARYLAND HISTORICAL MAGAZINE. 



granted) absolve the People of Ireland from Duties due to the 
Crown, impos'd by Acts pass'd in their owti Parliament; It 
was the Commons of England that directed that the Charge 
of the Army, kept up for the Defence and Security of that 
Kingdom, shou'd be provided for by the People of Ireland, 
leaving the Provision to be made by the Irish Parliament, 
which if not complied with, wou'd have been enforc'd by a 
Law of Great Britain, and was so understood and known at 
that Time in both Kingdoms: That in all the antient Subsidy 
Acts, the Form and Tenor thereof runs that the Subsidies 
laid and impos'd are to be paid by his Majesty's Subjects 
within the Realm and in all the King's Dominions, particular 
Parts and Places were sometimes expressly excepted, as Wales 
constantly before the Statute of H. 8. Ireland, the Counties 
Palatine upon whom the Charge of defending the iJ^orthern 
Frontiers fell by their Charters, Calais, Gnienne, Gascony, 
and particular Corporations upon particular Accounts, which 
Exceptions, it was said, prove that if they had not been par- 
ticularly excepted, altho' not represented, they must have been 
comprised under the Act & within the View thereof; This 
the Parliament in those Times knew, and that too as Calais, 
before it had Representatives, had in several Subsidy Acts 
not been excepted, but had been assessed and paid its Assess- 
ment: The Counties Palatine notwithstanding their Power of 
raising Levies within themselves, unless expressly excepted in 
the Acts of Parliament which was usually done in Ordinary 
Oases, were subject and liable to the Taxes and Imposi- 
tions of Parliament, when upon particular Occasions judged 
necessary. 

That the Strength of the Empire in America depends upon 
an entire and exact Obedience to the Supreme Authority in 
Great Britain, which if infring'd in any Instance, no Man 
cou'd foresee the Confusion that must inevitably follow. Cases 
might and undoubtedly wou'd happen to puzzle the ablest 
Lawyers of the Time to distinguish the Difference between 
Duties and Taxation, between the Right of laying one & the 



STAMP ACT PAPERS. 



299 



other; That this was settled and established to be one entire 
Power lodged in the Commons of England in the great Con- 
ference in William the 3d's Time, between the House of Lords 
and Commons, when the Lords were inclin'd to have establish'd 
a Diifcrencc between Duties and Impositions upon Merchan- 
dize, and the Grant of Taxes and Subsidies, with a View to 
confine the Power of the Commons to the latter only, the Com- 
mons said it was the Usage of Parliament the Uniformity of 
all Ages which limits the Power of the Crown and the Power 
of both Houses of Parliament ; under this Sanction they claim'd 
the Power entire and in its full Extent. That this Power 
which the People of America seem'd to question at this Time 
it was for the Happiness and Welfare of the whole, as well 
as for the Honour and Dignity of Parliament, to support 
with Firmness and Kesolution; and it was the more extra- 
ordinary to he questioned by the Americans, as so late as the 
year 1755 a general and universal Complaint of the People 
of one Province, that of Pennsylvania, against their Assembly 
for , a Breach of Trust in the Omission of their Duty to make 
the necessary Provisions for the Defence, Protection and Sup- 
port of that Colony was transmitted, a Complaint the more 
considerable not so much from the Numbers, or the Opulence 
of the Complaints, as from the intrinsic Weight of the Com- 
plaint : Circumstances happening prevented the Interposition 
of Parliament, which if not occurr'd in good Time, Parliament 
undoubtedly would have interfer'd; It was said also that in 
Consequence of a Provincial Difference the Province of Mary- 
land contributed little or nothing to the general Expence of 
the American War, the Burthen by that Means falling heavier 
upon the other Colonies, it was in Idea with all the Colonies 
to send home Representations against Maryland, for the Iner- 
position of Parliament; With what Propriety could those 
Eepresentations have been transmitted, had not the Americans 
at that Time thought differently of the Power which they 
now question? It was therefore for the sake of the Subject 
there the Sovereignty should not be given up in any one 



300 



MARYLAND HISTOBICAL MAGAZINE. 



Point. The Parliament would in that Case never have it in 
its Power to give Redress in any Application or Complaint 
hereafter to be preferr'd by any Subjeet or Subjects in Amer- 
iea. That all Government is founded in Trust, wherever the 
Trust is plaeed, that Trust is absolute and entire, the King- 
dom and Colonies compose one great Mass of political 
Strength, and tho' the jealous Language of Liberty cou'd not 
but approve itself to every Lover of Liberty and Admirer of 
this Constitution, yet when that Jealousy was earried so 
far as to tell the Sovereign Power they will not trust you, 
unless you reeede from your Power, it becomes too alarming 
and calls for the Exertion of Spirit & of Wisdom. Ask 
France what Occasion She wou'd wish for yr Destruction, 
she will answer, let Divisions be kept up and fomented be- 
tween you and your Colonies, that a Departure from your 
Sovereign Power will be that Diminution and Weakening of 
yr Authority, she wou'd he most pleased to see as the surest 
Means to her of compassing the great Object of her Ambition; 
this Sovereignty then is so necessary to be eompleat and entire 
for the Sake of Great Britain and America equally, so essen- 
tial for the Benefit and Happiness of tho whole, that if once 
broke into, the Dependeney of the Colonies once given Way 
to, your Power and Authority, as a great respected Kingdom 
in Europe, is blasted, no Friend will trust you, no Enemy will 
fear you. The Debate ended about 4 in the Morning, when 
the Question was put in Consequence of Colo. Barrie's Motion, 
"that the Words in all Cases whatsoever stand Part of the 
Resolution " ; I believe from the Sound there were not more 
than tpv dissenting Voices ; Learned as the Arguments were, 
that were offered in Support of the Antiquity of this Power 
in Parliament over all Parts of the King's Dominions as well 
Pareell of the Realm as infra Dominium Regis only, Yet I 
am free to confess I was not so sufficiently convinced as to 
have any other than a dissenting Voice upon that Occasion: 
The Argumente alledged, many of them collected from Times 
of Antiquity, it wfts then soaree known, mudi less defin'd 



STAMP ACT PAPERS. 



301 



what the l^Tature and Spirit of this ■Constitution was, and as 
to those, urged from the Propositions made at and after the 
Time of the Revolution touching the Charters, tho' under the 
Sanction of great ^Tames yet nothing being carried into Exe- 
cution, by wch the Acquiescence of the Colonies cou'd be 
collected seem'd to my Mind not sufficiently cogent in a Case 
of this ITature, a Dispute of Right upon the Principles of 
Eeason. But indeed the Statutes of Chester and Durham, 
tho' oifer'd as a Proof of the Power of Parliament in taxing 
those who had been unrepresented, are in my Mind the strong- 
est Parliamentary Declaration of the Illegality and Injustice 
of that Power. The Statutes of H. 8, touching Wales, and 
more particularly the 110th Ordinance in the 34rth & 35th 
H. 8. Ca. 26 seems clear and plain that the Parliament in 
those Kingly & Prerogative Times deem'd a Representation 
the sine qua non of a Subsidy & Taxation to be impos'd by 
Parliamt; when for almost three Centuries Laws had been 
enacted from Time to Time in the Parliamt of England touch- 
ing the Inhabitants of that Principality, but in no one SuV 
sidy Act was Wales ever comprehended unless by way of 
Exception untill ye Statutes of H. 8. had been enacted, & 
yet I believe it wou'd be difficult to find any Terms so expres- 
sive of the Supremacy of England over Wales, as made Use 
of in the Preamble to the 27th H. 8. Ca. 26. 

Crompton,^ Ld Cooke,^ and other great Lawyers have in 
their Time denied the Power of Parliament to lay Taxes upon 
the People of Ireland, for Want of Representation therein, and 
in almost the same Breath have asesrted the Legislative 
Authority of Parliamt to bind the Subjects & Inhabitants of 
that Island: This was another Eeason why I was against the 
Extent of this Proposition, as being carried farther than in 
the Case of Ireland (as will appear by looking into the Act 
of Geo. 1st for better securing the Dependency of Ireland) 
for which there i« not a Ground of Reason or in Justice. I 

' Kich«rd Crompton [fl. 1573-1S99]. Bdwsrf Coke [1652-1634]. 



302 



MAEYLANB HISTOEICAL MAGAZINE. 



had another Difficulty Vizt to bring myself to say I am in 
Possession of a Constitution which in Point of Justice and 
Equity I ought not to exercise; it seem'd to my poor Under- 
standing no Honour to the Mother Country to pride itself 
upon a Power neither founded in Justice or Equity: And 
as to the Use or Benefit she will derive from this Assertion, 
Time alone can elucidate, in ordinary Cases with neither 
Policy Justice or Equity to support such an Exertion, upon 
extraordinary Occurrences if any such should offer to demand 
an extraordinary Interposition of the Supreme Power, it wou'd 
not upon such Exigencies, I believe, be for searching into 
Precedents. 

A fuller House I don't recollect to have seen, and it is to 
the Honour of Parliament I must add, that I believe there 
never was a Debate so temperate, seriovis, solemn, and Parlia- 
mentary, without the least Appearance of Party or Faction, 
(disunited and divided as we are) intermingling in the 
Arguments upon the Question on one Side or other. 

The same Day the same Proposition was mov'd & agitated 
in the House of Lords, Lords Shelbum ^ and Campden ^ took 
the same Objection that had been made in the House of 
Commons, the Upper House divided upon it, for the Amend- 
ment offer'd by Lord Shelburn 5 Lords agt 132 Lords. The 
10th, 11th, 12th, 13th, 17th & 18th were employ'd 'til near 
Eleven each Night in proving the Allegations of the Petitions 
and in the Examination of several of the Gentlemen who had 
been [summoned to] attend.- This Enquiry went to the State 
of America before & since wonted Loyalty & 

Affection to the Mother Country, its present Estrangement, 
Misery and Despair, the Nature of its Trade & Commerce, 
the Benefits that accrue therefrom to Great Britain, the vast 
Debt owing from thence, its present Inability, indebted and 
drained by the heavy Expenses of some years back, the Im- 

^Sir William Petty, first Marquis of Lansdowne [1737-1805]. 
' Sir Charles Pratt, first Earl Camdeft [1714-1794]. 



STAMP ACT PAPERS. 



303 



practicability of Payment in Speeie, the Scarcity thereof, the 
Want of a proper Medium in Paper, the peeuliar Oppression 
of the Stamp Aet, the Inequality thereof, with all its various 
Grievanees, the Attaek upon the Liberty and Property of the 
Subjeet by the Establishment of Courts of Admiralty, the 
Impracticability of obtaining Justice, not only for Want 
of Juries, but from the Expenee Persons living at a Distance 
must be put to, and the Danger to a due Course of Justice 
in giving and providing for the JB(%es Salaries out of the 
Forfeitures to arise. 

The ITature of the Orders which had been receiv'd for the 
usual Manufaetures of Great Britain, the prospeet of Ameriea 
manufacturing for itself, the consequential Evils from such 
a State to the Mother Country & the Colonies alike, the State 
and Condition of our Manufaeturers and Poor at this Junc- 
ture, their Poverty & Want, the Distress of the Kingdom and 
America unparrallelled in History & in Time, the Impracti- 
cability of enforcing this Law throughout the Continent with- 
out a Military Force, the impending and sure Euin from a 
Conflict of 'that Nature to both, the undoubted Certainty of 
America returning to its Affcetion and Gratitude, to its jiist 
and due Subordination to the Mother Country and the Laws 
and Regulations to take Place from Time to Time, as 
soon as it has Experience of her Lenity, Humanity, and 
Magnanimity. 

This Enquiry finished, in the Evening of the 18th Mr. 
Conway gave Notice to the Committee that upon the 21st he 
shou'd move a Resolution grounded upon the Result of this 
important Scene wch had been develop'd at the Bar; On that 
Day in a very full House after a brief Recapitulation of the 
most material Points given in Evidcnee he mov'd the Reso- 
lution mention'd in my last to have been carried in the Com- 
mittee by 275 agt 167 Voices the Division was in Consequence 
of an Objection to the Word " Repeal " in Place of which 
it was mov'd to insert " explain and amend " in the Debate 
there was no great Variety of Argument from what had on 



304 MARYLAND HISTORICAL MAGAZINE. 

former Occasions been express'd tliat I sliall not trouble you 
witb a Eepetition. I observed that the Prayer [in the] Pe- 
tition to tbe House of Commons concludes tbat the said Acts 
may be [repealed or] [o]tlierwise relieve yr Petitioners &ta. 
Had tbe Petition been tbat little Expletive or might 

have done us Prejudice, as the Alternative of such other 
Relief wou'd have furnish'd Ground for a Modification, the 
Point upon which the Opposition made their Stand, as you 
will perceive by the Amendment offer'd, " to explain and 
amend " in Lieu of the Word " Eepeal." I cannot conclude 
this without observing that it must be some Satisfaction to 
you to see from the Account I have here troubled you with, 
the very great Attention and minute Enquiry which has been 
had and given upon this Occasion in the House of Commons: 
I shou'd have inform'd you before that I had signified to my 
Friend Mr Dunning * and Mr. Serjeant Glynn ^ (Gentlemen 
eminent at the Bar for having distinguished themselves in the 
Cause of Liberty in the Case of General Warrants) that I 
had rec'd Instructions from America to call in the Assistance 
of Council in Support of their Applications to the Houses of 
Parlt and shou'd apply to them if Leave for that Purpose 
shou'd be granted by the House of Lords; At present I hope 
I shall have no Occasion to be heard at their Bar for the 
Purpose of inducing their Lordships to grant the necessary 
Eedress. By the inclosed Vote you will see a Bill for a 
Repeal of the Stamp Act was brought in to the Commons upon 
the 26th of Febry & another grounded upon the first Resolu- 
tion enclos'd in my last wch has rec'ed my ISfegative in every 
Shape of it, for the Reasons assign'd in the former part of 
this Epistle when the Resolution was propos'd. The two Bills 
have gone Hand in Hand, were read a second Time upon the 
27th, committed for the 28th and reported to the House upon 
the 3d Instant; then ordered to be engross'd & the 4th past 

' John Dunning, first Baron Ashburton [1731-1783], 
•JrfmGlymi [1722-1778 J. 



MIITTTTES OF THE BOAED OF PATUXESTT ASSOCaATOES. 305 

the House of Oommons upoii a Division of 250 agt 122 on 
which I most sincerely congratulate you; I believe it will 
meet with its Share of Opposition also in the House of Lords, 
but think it cannot hurt us, I hope soon to forward a good 
Account of its passing that House & of having received the 
Eoyal Assent. Messrs Hanbury informs me, that Capt. Cur- 
ling stops at Annapolis, that I shall direct this packet to the 
Care of Mr. Dulany, a Gentleman who has here the Credit 
of a Pamphlet that wou'd have done Honour to any Gentleman. 

I am Gentlemen, with Regard, yx Mo. obedient and very 
Hble Servt, 

Chas Garth. 

Messrs Tilghman & Murdock & Einggold. 

[May 27, 1766. Ordered, That the following be Entered on the Journal as the 
Eesolve of this House, viz : Resolved Unanimously That the Gentlemen of the 
Committee of Correspondence be directed by the Speafaer to acquaint Charles 
Garth Esq., that this House unanimously approves his conduct, communicated in 
his letters of the 26th of February, and 5th of March last, to Messieurs Tilgh- 
man, Murdock and Einggold, laid before this House." Votes and Pre. L. H. of 
Assembly, May Sess., 1766']. 



MINUTES OF THE BOARD OF PATUXENT 
ASSOCIATOES. 

(From the Society's Collections.) 

Nottingham, April 21, 1781, 
At a Meeting of several Gentlemen of Prince Georges and 
Calvert Counties, to wit, Wm. Pitzhugh, Thos. Coutee, David 
Craufurd, Prank Leckie, Wm. AUein, Alexr. Howard Magruder, 
Joseph Wilkinson, Patrick Sim Smith, John Harrison, Dr. John 
Bowie, Dr. Leonard Hollyday, Leonard Hollyday, jr., Robert 
Bowie, John Read Magruder, John P. A. Priggs, Thomas Gantt, 
Fielder Bowie, John Waring, Joseph Walker, Thos. Harwood, 
Nathl. WeeisB, Saml. Maynard and John Jtejwn, Junior, in order 



306 



MAEYLAND mSTORICAL MAGAZINE. 



to consider of and adopt some Plan, for the good and safety of 
the Publick in general, and particularly for the Defence of the 
River Patuxcnt and the Inhabitants of the several Counties lying 
on and adjacent thereto ; the Honble. Wm. Fitehugh, Esqr., was 
appointed Chairman and John Harrison, Secretary, to the meeting. 

Eesolvcd, That Thos. Contec, Wm. Allein, Esqrs., be appointed 
a Committee, to wait on the Governor and the Council with the 
following requisitions, to wit, To Request the Governor and 
Council to furnish all necessaries, they conveniently can, and 
give directions to the Lieutenants of the several Counties, to 
afford Men from time to time to guard the several Posts on 
Patuxcnt River, and furnisli them witli Provision. Also that a 
Guard of one hundred Men or more, from Prince Georges, Cal- 
vert, Charles and Saiut Mary's Countys, be appointed to act on 
each side of the River, and the several Commanding officers be 
impowered to impress and take all Boats, Battaux, Cannoes, &c., 
that they tliink necessary, to Transport their Men from Place to 
Place. That four field pieces, Nine aud Six pounders, mounted 
on Travelling Carriages, ammunition for the Cannon, and pro- 
vision for the whole, be ordered ; and to request the Governor 
and Couucil, to invest the Gentlemen of this Meeting with proper 
and sufficient powers, to order the Men and articles they may 
think proper to furnish, in such manner as they think most con- 
ducive to the Publick Good. To inquire in what forwardness, or 
what Prospect there is of the Fort being complcatcd,at Drum 
Point, and to make their report of tJie whole to this Meeting on 
Saturday next at thi'* place. 

Ordered, That Circular Letters be wrote, signed by the Chair- 
man and seut to Gentlemen of Charles, Saint Mary's, and Anne 
Aruudell Counties, requesting a deputation of some Gentlemen 
from those Countys, to attend this Meeting, at this Place on 
Saturday the 28 Inst. 

This Meeting adjourns to Saturday the 28 Instant. 

Saturday, April 28, 1781. 

The Meeting attended according to adjournment. Messrs. 
Contee and Allein gave in the following report, to wit, that they 



MINUTES OF THE BOAKD OF PATUXEJT-r AS800IAT0ES. 307 

waited on the Governor and Council, layed the requisitions before 
them, and were informed the Treasury was without Money, that 
they, the Govemor and Council, approved of the Measures pro- 
posed, and expressed a raidiness to give any Assistance in their 
power. 

First. They would issue Orders to the Lieutenants of the 
several Countys, to order the Militia to the several Posts that 
should be thought neecfisary ; that the officers shou'd have power 
to impress and take all Boats, Caunoes, &c., &c., which they 
might judge necessary to transport the troops to any part of the 
River as they thought proper. 

Second. They gave them an order for 2 Nine pound Cannon, 
two Barrells of Cannon powder and Fifty shot, also for Thirty 
Barrells of Flour. The Cannon have no Carriages nor have they 
any Six pound Cannon to spare. They, the Governor and Coun- 
cil, say, we must move the Cannon to the place they are wanted, 
fix them up with Carriages, or use them in any manner as may 
be thought best for the service. 

Third. The Fort that was by Law directed to be built at 
Drum Point, the Governor and Council informed them, was not 
yet begun, nor was there adequate provision made by law for the 
purpose. If this Meeting would advance Mouey to Government, 
they would begin the Fort immediately. That they did not think 
themselves authorized to engage to do anything certain at the 
time, but told the Governor and Council, if the work was entered 
on and a prospect of its being carried on with Success, they wou'd 
venture to assure them, that the Couuties they had the Honor to 
represent, wou'd lend every Assistance in their power, and do 
everything that cou'd be reasonably expected from them as pri- 
vate Citizens. 

Fourth. The Governor and Council informed them, that all 
the Meat they have is for the Continental Troops, and that tiiey 
cannot make use of it for any other purpose, therefore desire, this 
Meeting will endeavour to procure Meat for the Service ; and do 
and execute whatever may be thought proper and best for the 
security of the Inhabitants on Patuxent River and parts adjacent ; 
having a due regard to frugality to avoid every unneeessary 



308 



MARYLAND HISTORICAL MAGAZINE. 



Expence, and to hand in a charge of the whole which they will 
reimburse. 

Ordered, That Coll. Fibthugh, Mr. Craafurd, Mr. Contee, Mr. 
Lyles, Capt. Maynard, Mr. Gant, Mr. Allein, Capt. Davey, Mr. 
Leach, Coll. Wilkinson, and Capt. Magruder, be a Committee to 
report what ways and means are most advisable and immediately 
expedient, for the defence of Patuxent River. Mr. Contee returns 
and brings in the following report, to wit, That as soon as may 
be and without loss of time, two Nine Pound Cannon be stationed 
at or near Hollands Clifts on the narrows of Patuxent River, to 
be on travelling Carriages to move occasionally, and that thirty 
Men be stationed to defend the Post. 

That a Row Galley or vessell of Force properly manned and 
equipped be immediately procured and stationed at tlie Mouth of 
the River to act occasionally. 

That a Barge of forty feet Keel, to row with Sixteen Ores and 
armed with two Swivels, be provided to cooperate with the other 
Force. 

That a Whale Boat to look out, is also necessary. 

That a three pound Cannon on each side the River with travel- 
ling Carriages, be provided and put under the Management and 
Conduct of not less than twenty-five Seleet or Other Militia for 
each Cannon, at or near the Mouth. 

That Beacons be fixed at proper places to alarm. 

Also that an Association or agreement be entered into by the 
Gentlemen now present, and such other Inhabitants of Saint 
Mary's, Calvert, Prince Georges, Charles and Anne Arundell 
Counties, as think proper to join with them, in this necessary 
Defence, whereby every Man shall bind himself each to the other, 
to carry the above Measures into execution. Which was read and 
concurred with. 

Resolved, That the Thanks of this Meeting be rendered by the 

Chairman to Mr. Denistee, owner, and Mr. Ander, Commander 
of the Schooner Resource, for the assistance they have already 
given, and that, which they now again so friendly offer to this 
Meeting, for the Defence of the River. To assure them that this 
Meeting will whene-TOr required, most readily return the Cann<m 



MINUTES OF THE BOARD OF PATDXENT ASSOCIATOES. 309 

and Ammunition, they may think proper to furnish them with for 
the above purpose. 

Ordered, That Mr. Rogers, Mr. Smith, Mr. NichoUs, Mr. Til- 
lard, and Mr. McPherson be a Committee to prepare and bring in 
an Association agreeable to the report of the Committee, for the 
immediate and expedient Defence of Patuxent River. 

Mr. Rogers brings in and delivers the following Association, 
to wit, AVhereas at a Meeting of number of respectable Gentlemen 
at Nottinghana on Saturday, the 28th day of April, 1781, for the 
purpose of forming a plan for the Defence of Patuxent River 
against the Common enemy, it was agreed upon as follows, to 
wit, That as soon as may be and without loss of time, two Nine 
Pound Camion be stationed at or near Hollands Clift on the 
Narrows of the above River, to be on travelling Carriages, to 
move occaaonally and that thirty Mea be stetioned to defend the 
Post. 

That a Row Galley or vessell of Force, properly manned and 
equipped, be immediately procured and stationed at the Mouth of 
the River to act occasionally. 

That a Barge of forfy feet keel to row with sixteen ores and 
armed with two Swivels, be provided to cooperate with the other 
Force. That a whale Boat to look out is also necessary. 

That a three pound Cannon on each side the River, with trav- 
elling Carriages be provided and put under the management and 
conduct of not less than twenty-five Select or other Militia for 
each Cannon at or near the Mouth. That Beacons be fixed at 
proper places to alarm. 

That Association or Agreement be entered into by the Gentlemen 
now present and such other Inhabitants of Saint Mary's, Calvert, 
Prince Georges, Charles and Anne Arundell Counties, as think 
proper to join with them in this necessary Defence, whereby every 
Man shall bind himself each to the other to carry the above 
measures into effectual execution, and that the proceedings of this 
and the former Meetings be transmitted by the Secretary to the 
Governor and Council. 

In pursuance whereof we the Subscribers hereby undertake and 
bind ourselves each to the ather, to siiq^rt tiiis intended Deface 
7 



310 



MAEYLAND HISTOEICAL MAGAZINE. 



and carry the same into eiJ'ectual execution in proportion to our 
respeetive Abilities, relying iipou the Assurances of His Excel- 
lency the Governor and the Honblc. Couneil heretofore made to 
Thomas Contee and William Allein, Esqrs., that the whole 
expenee of sueh necessary Defence shall hereafter be defrayed out 
of the Publiek Treasury of the State. Which was read and con- 
curred with. 

Ordered, That Capt. Wm. Bowie, jr., and Joseph Walker do 
apply to the owners of the four Cannon at Upper Marl'bro, and 
know from them, if they will dispose thereof, and on what terms, 
and that they make their report to this Meeting. 

Ordered, That the proceedings of this and the former Meeting 
be transmitted by the Secretary to the Governor and Couneil. 
This Meeting adjourns to Friday, the 4th May, 1781. 

Fryday, Iklay 4, 1781. 

The Meeting attended according to Adjournment. 
Thos. Contee, Esq. in absence of Coll. Fitzhugh is appointed 
Chairman. 

On motion. Resolved that the clause in the Association, to wit, 
"That a three pound Cannon on each side of the River with 
travelling Carriages, be provided and put under the Management 
and Conduct of not less than 25 Select or other Militia for each 
Cannon at or near the Mouth " be expunged, and instead thereof, 
the following Clause be inserted to wit, That 25 Select or other 
Militia Men, with proper Ojfficers, be stationed as a Guard on 
each side the River, and that a three pound Cannon ou travelling 
Carriages be provided for each Guard. 

Ordered, That Capt. Maynard, Mr. Weems, Mr. Allein, Mr. 
Leach, Mr. Johnson, Mr. Forbes, and Mr. Sontherou, be a Com- 
mittee of Purchases, to carry into execution the Resolves of this 
Meeting and that their Engagenicuts be complyed with accord- 
ingly, also that their Riding aud other expences in the prosecution 
thereof, be repaid them by this Meeting. 

Ordered, That the necessary expences of the Secretary in 
attending this Meeting be also repaid him. 



MINtrrES OF THE BOAED OF PATXTXENT ASSOCIATOES. 311 

On motion, Resolved that the Committee of Purchases, do not 
exceed one thousand Hogsheads of Tobacco, or the value thereof, 
and that they make their Contracts on as long Credit as they 
consistently can. 

Ordered, That the orders from the Governor and Council on 
Ignatius Taylor, Esq., for 30 Barrells Flour, on Mr, Shaw for 2 
Nine pound Cannon, &c., &c., in favor of Messrs. Contee, and 
Allein be indorsed by them and delivered to the Committee of 
Purchases, and they are required, as soon as possible to have the 
Flour moved to some safe Place, to have the Cannon properly 
fixed, and sent to Holland Clifts on tlic Narrows of the River. 

Ordered, That Thomas Gant, John F. A. Priggs, John Har- 
rison, and Thos. Contee be a Committee to draw up rules and 
Regulations for this Meeting, and deliver the same to the next 
Meeting. This Meeting adjourns to Saturday the 12th instant to 
meet at Benedict in Charles County. 

Benedict, Saturday, May 12, 1781. 

The IMeeting attended at tliis place according to adjournment. 
Present the following Members and Associators, to wit, Thos. 
Contee, Leon"*. Hollyday, Sen'., Leon^. HoUyday, Junior, Alexr. 
Howard Magruder, Rinaldo Johnson, John Perrie, Benj". Mckall, 
Edward Reynold, Beuj". Mckall, the 4th., John Morton, Henry 
Southeron, Francis Wheatly, Wm. Wilkinson, James Smith, 
Michael Wallace, John Wheatly, Richard Wheatly, SamL May- 
nard, John F. A. Priggs, Joseph Wilkinson, William Allein, & 
Richard Carnes, Thomas Contee, Esq., is appointed Ciiairman. 

Mr. Rinaldo Johnson from the Committee of Purchases, brings 
in the following report, to vnt, " That in compliance with the 
Instructions by the Board given to your Committee, and their 
anxiety to facilitate so laudable an undertaking, they proceeded 
to Baltimore, and there applyed for the Jack-a-Lanthorn, but on 
viewing her, your Committee were of opinion she wou'd by no 
means answer the purpose of this Board together with the price 
demanded for her. Your Committee further report that they 
have purchased the Schooner Nautilus, burthen about eighty-five 



312 



MARYLAND HISTOEICAL MAGAZINE. 



Tons fitted and found agreeable to the inventory hereto annexed, 
for which said Yessell and her Materials your Committee entered 
into a Contract of which the annexed is a true copy, and your 
Committee also returned the Bill of Sale for the said Schooner 
Nautilus and her Materials whic^ ie also annexed." 



Invoice of Schooner Nautilus's Materials. 



Hull with masts and yards 

compleat 
1 Boat with 3 Ores 
1 Main Sail 
1 Foresail 
1 Standing Jibb 

1 Square Sail 

2 Top Sails 

1 Flying Jibb 
1 Top Gallt. Sail 

1 Eing Sail 

2 Anchors & 2 Cables 
2 Buoys & Buoy Eopes 
1 Fish Hook 

1 Cat Block 

1 Binnacle, 2 Compasses 
1 half hour Glass, J Min: Glass 
1 Log Eeel, 3 Lanthorns 
1 Speaking Trumpet 

1 hand lead line 

2 Marling Spikes, 3 Crow Bars 

2 Brooms, 10 Water Casks 
Harness Tub, 2 Cans, 2 Kidds 

3 Buckets, 1 Canheok 
2 Iron Pofas, 1 Ensign 



1 Pennant, 2 Candlesticks 

1 Frying Pan 

2 Knives and Forks, 3 Spoons 
2 Bowls, 2 Dishes 

6 Plates 

8 3 pound Cannon, with Tackles 

& Carriages compleat 
70 @ 80 3 pound Ball 
6 handspikes, 4 wormes & Ladles 
8 Eammers, 6 Match Stafs 

Some Match Eope 
10 Pikes, 10 large Ores, some 

Langrage 
1 Muskett, 1 Broad Ax, 1 Adze, 

1 Saw 

1 Chizzel, 1 Hammer 

some Scupper Nails, some 
Pump Leather 

2 Pumps, 2 Gallows 

3 Spears, 2 Brakes 

3 Lower Boxes 
1 pump Hook 

4 Bolts, 1 Bolt Hook 

14 Iron Stanchions fore and aft 
an«t mme white Paint 



S%ned 



Dors^ Wheeler & Co^. 



MINUTES OF THE BOABD OF PA.TUXENT A^OOIATOBS. 313 



Maryland Set. May 10, 1781. 

We Saml. Maynard and Eenaldo Johnson Agents for, and 
appointed by the Board of Associators on Patuxent River, Do 
hereby acknowledge we have this day purchased (for the Board 
aforesaid) from Dorsey Wheeler and Company and Thos, Worth- 
ington, the schooner Nautilus as she now lays at Fells Point and 
agreeable to the Inventory delivered by them the said Dorsey 
Wheeler & Co^. and Thomas Worthington, and we the said Saml. 
Maynard and Einaldo Johnson, Agents as aforesaid do oblige 
ourselves and our Successors to pay the said Dorsey Wheeler & 
Co^, and Thomas Worthington and their successors the quantity 
of three Hundred and Seventy-five thousand pound weight of 
good Merchantable crop Tobacco properly Inspected, each hogs- 
head not to Yv^eigh less than Nine hundred and Fifty pounds 
weight clear of wood, and we do furthur oblige ourselves and our 
Successors to make the payments in the manner following : viz : 
One hundred thousand in two months, if demanded in One month, 
one other hundred and fifty thousand weight in three months if 
demanded in two months, and the remaining one hundred and 
twenty-five thousand pounds weight in four months if demanded 
in three months, and we do further oblige ourselves and our Suc- 
cessors to pay the said three hundred and seventy-five thousand 
pounds weight of Tobacco on the Eiver Patuxent from Benedict, 
upward, and as large a proportion as possible at the Upper ware- 
houses on said River, and that we will not offer payment untill 
demanded by the said Dorsey Wheeler & Co^. and Thos Worth- 
ington, which said Tobacco to be paid clear at any Expenee, 
except Warehouse rent and Inspection. Witness our hands this 
10th day of May, 1781, and in the fifth year of American Inde- 
pendance. 

N. B. We Saml Maynard and Einaldo Johnson do engage is 
the name of the Board aforesaid that no Tobacco shall be offered 
in payment, but what has been inspected since the 15th Sep^ 
1780. 

We do hereby acknowledge to have this Day sold Saml. May- 
nard ^pd Binfldo Johnson, E^q". the Sghooagr Na^t^las ^th ^ 



314 



HABYLAND HISTORICAL MAOAZXKB. 



her Materials agreeable to the inventory delivered them by us, 
and we do warrant and defend the said Schooner and Materials 
to the said Saml. Maynard and Rinaldo Johnson, Esq", and their 
Successors against all manner of persons claiming any right, title 
or interest in or to the said Vessell or Materials. Witness our 
hand this 10th May, 1781. 

Signed 

Dorsey "Wheeler & Co''. 
Agents for the Schooner Nautilus. 

"Which was read and concurred with. 

Resolved, That John David be appointed Commander of the 
Schooner Nautilus and that the Secretary write to him to acquaint 
him thereof. 

Ordered, That Saml. Maynard and Einaldo Johnson or either 
of them be a Committee to assist and direct Capt. David in man- 
ning and getting the Schooner Nautilus round from Baltimore to 
Patuxent. 

The following Eesolves, vizt : 

Resolved by the Meeting tliat a Committee be appointed to 
consist of fifteen Members, three from each County, who have or 
may hereafter sign the Association heretofore entered into, and 
that they be a sufficient body to do Business, and whatever Meas- 
ures be adopted and carried into execution by them or by a 
majority of them, shall be binding upon the whole of the Asso- 
ciators as fully and amply as if the whole had been present and 
that no person act on this Committee until he has signed such 
Association. 

Resolved, That a President be appointed out of the Body, and 
that no Member shall use any reviling speeches nor deliver his 
opinion or speak on any subject unless he shall stand up and direct 
to the President. 

Resolved, That their hours of Meeting to do Business be at 
eleven O'Clock in the Morning, and that they proceed to Business 
as soon as a majority with the President shall meet, and whatever 
may be done or whatever Contracts or Engagements may be 



MINUTES OF THE BOARD OF PATXTXENT AS80CIAT0KS. 315 

entered into by such Majority shall be effectual and binding on 
the whole. 

Resolved, That no Member shall be absent at the Hours of 
meeting or place appointed after eight of the Members are met 
according to the order of sitting under the penalty of such Fine 
as the President shall impose, not exceeding Four dollars of the 
new Emition unless upon excuse as the President shall admit, nor 
shall any Member depart without leave of the Majority, 

Resolved, That no person speak in the Committee above onee 
on any debate without leave declared by the President, and not 
more than one speak at a time ; if two or more rise to speak at 
the same time, the President shall appoint who sliall speak first 
and no Member shall interrupt another untill the Gentleman 
speaking hath ended. 

Resolved, That in ease of sickness, other disability or non- 
attendauee of the President, at the time appointed, a Vice-Presi- 
dent be chosen by the Members attending, and they proceed to 
business without delay, and their proceedings be as binding and 
effectual in every respect as if the whole Members had been 
present, and that the President sliall be subject for non-atteudance 
to a fine not exceeding Six Dollars of the new Emition, at the 
discretion of the attending Members or a Majority of them, unless 
upon excuse as they shall admit of. 

Resolved, That the President or Vice-President as the case 
may be, with a Majority of the attending Members, shall adjourn 
their Meeting to any place or day tiiey think proper and that any 
Associator not appointed a Member of this Committee, may attend 
from time to time, at his discretion, and shall have the same 
priviledge of speech therein as any other person appointed a 
Member. 

Resolved, That all Matters determined by the Committee, be 
by a Majority of Votes, and that every question resolved upon 
by them shall be binding upou the whole and that not less than a 
Majority of the Committee proceed to do business, unless to 
adjourn the Meeting to a further day and place. 

Resolved, That if any person who shall be appointed on this 
Committee shall refuse to act, or upon death, removal or resigna- 



316 



MAKTIiANS) 0:XOmOAIj XAOA^NB. 



tion, some person or persons, be appointed out of the County 
where such Vacancy may happen, by a Majority of the C<wnBaittee. 

Were read and unanimously approved of. 

Ordered, That Coll. George Plater, Ignatius Fenwick, & Wm. 
Kilgour, Esquires, of Saint Mary's, Coll. Fitzhugh, Wm. Allein, 
& Walter Smith, Esqrs., of Calvert, Thos. Contee, Leon**. Holly- 
day, Sen""., and John Eogers, Esq^ of Prince Georges, Wm. Wil- 
kinson, John Forbes, and Henry Boarman of Charles, Thomas 
Tilyard, John Thomas and David Weems, Esquires, of Anne 
Arundel], Counties, be a Committee to carry into execution the 
above resolves, and to act agreeable thereto, untill the Second 
Monday in August next, and at that time to lay their Proceedings 
before the Associators, or as many as may attend at Benedict ; 
and 'tis hoped and expected as many will attend as conveniently 
can. 

Whereas, it may be thought proper to have this Meeting called 
or known by some certain appelation, for diverse Reasons, we 
therefore recommend for the future it be stiled and titled, the 
Board of Patuxent Asssociators. 

Ordered, That the Secretary make and sign a fair Copy of the 
Proceedings of this and the two former Meetings and deliver it to 
the Chairman, to be by him transmitted to the Governor and 
Council. The Board adjourns to the Second Monday in August 
next, then to meet at this place. 

A True Copy. John Harrison, 

Secretary to the Board of Associators. 

PriQce Georges Coimty, Patuxent River, 
May 26, 1781. 

Gentlemen — 

I am honored with an order, from the Committee of Patuxent 
Associators, to transmit to your Excellency and Honors, their 
Institution and Proceedings. 

The Schooner Nautilus is purchased. Copy of the Contract, &c. 
i«flloe«d. A i&irge and whale Boat are Still wantiag to Compleat 



MINUTES OP THE BOAED OF PATUXENT ASSOCIATOES. 317 

the plan. The Schooner is still laying at Baltimore, we did 
expect to have had her by this time in readiness to act on the 
River, but the Person who was appointed to tlie Command, has 
engaged himself in another Vessell for the defence of our Bay, so 
that we have a Commander to provide. 

Shou'd we be so happy to meet the Approbation of your 
Excellency, & Honors be pleased to favor us with your direction 
& advice. It was thought a Vessell was wanting for immediate 
defence, shou'd a Row Galley be thought more proper for the pur- 
pose, the Schooner may serve untill one can be purchased or 
built, and we have little reason to doubt but the Schooner may be 
sold six months hm«e for the first purchase, shou'd it be found 
expedient. 

Permit us to hint that (we are informed) a Law passed last 
Session for erecting a Fort on Drum point at the Moufli of 
Patuxent for the defence thereof ; if That expence is not gone 
into and other Measures can be adopted of equal or inferior 
charge to answer as beneficial and salutary consequences, we 
humbly conceive the Publick will not be injured, and we shall be 
willing and ready to lend every assistance in our power. 

As the General Assembly are now Sitting if your Excellency & 
Honors, think proper, and our Proceedings are worthy their 
- notice, you'l do us the favor to lay them before our Le^slature. 
We are desirous to be ascertained if our charges and Expences are 
to be reimbursed by the Publick, in our opinion it tends to the 
Publick weel to disappoint and frustrate the common Enemy in 
their diabolical machinations, whereby they are enriched and 
enabled to war against United States, happen it in whatever 
quarter. 

We know not at what hour the Enemy cometh, therefore no 
time should be lost to meet the implacable foe. The Committee 
wish to be honored with a speedy answer. In future they will 
conduct themselves thereby. In behalf of the Committee, I am 
with sentiments of highest respect and esteem, your devoted and 
most obedient Servant, 

Tho". Contee, Chairmas. 



318 



HAKYLASTD HISTOKICAL KAGAZIKB. 



REVIEWS AND NOTES. 



Maryland undei- the CommonweaMi; a chronicle of the years 164-9- 
1658, by Bernard C. Steiner, Ph. D. Baltimore, 1911 
(Johns Hopkins University Studies). 

This monograph, together with the Beginnings of Maryland, 
and Maryland during the English Civil Wars by the same author 
covers the same period as Bozman's History. Being in the form 
of a chronicle it is far more readable than the earlier work ; and 
embracing as it does all the documentary evidence furnished by 
the publication of our Archives, it should be a definitive work. 
The appendix contains a summary of the principfll cases tried in 
the Provincial Court, 1649-1658. 



The Story of Maryland Politics, by Frank Richardson Kent, 
Baltimore, 1911. 393 pp. $3.00 net. 

This volume is a compilation of the sketches published serially 
in the Run during the past year and recites in an entertaining way 
the political history of the State from 1864 to the present time. 
Mr. Kent's long connection with the staff of the Sun and his 
legislative experience at Annapolis, particularly qualify him for 
the performance of such a task, but it is doubtful if the whole 
story has yet been told. An adequate index would have added 
greatly to the value of the book. 



Tlie Letters of Bichard Henry Lee, edited by James Curtis 
Ballagh. Vol. I. New York, The MacmilUn Co., 1911. 
467 pp. $2.50 net. 

The National Society of the Colonial Dames of America is doing 
a real service in financing works of this character, which ordinarily 
cannot meet the expense of publication. 



RETHSWS AKD KOTES, 



319 



The letters in this volume cover the period from 1762 to 1778, 
some of them, especially the Pnrviance letters have been printed 
in other places. Considering that a number of the letters are 
dated from Baltimore and that many references to Maryland 
affairs may be found in them, there is surprisingly little of local 
interest. 



Archives of Maryland. Proceedings of the Council of Maryland, 
August 10, 175S — Maroh 20, 1761. Letters to Governor 
Horatio Sharpe, 175^.-1765. Edited by William Hand 
Browne, Baltimore, 1911. 

The thirty-first volume of the Archives of Maryland is now 
ready for distribution to subscribers and the public. About two- 
thirds of the administration of Governor Sharpe is covered by this 
issue, during which time the Boundary troubles required much 
consideration ; Braddock's tragic expedition took place j and the 
anti-Catholic agitation was much in evidence. 

The letters to Governor Sharpe were discovered by Colonel 
Oswald Tilghman, former Secretary of State, and forwarded to 
the Society by his successor, Secretary N. Winslow Williams. 



Si. Pavl's Church a/nd Parish, JEUiaott City, Maryland, by Brother 
Fabrician of Jesus. II., 183 pp. [Baltimore, 1911]. 

This volume contains in addition to the history of the parish, a 
considerable number of personal sketches of former pastors and 
other religious ; notes on distinguished parishioners ; and eleven 
appendices containing parish records, etc. It is illustrated with 
a number of half-tone engravings. 



Mafinesque ; a sketch of his life with bibliography, by T. J. Fitz- 
patrick. Des Moines, 1911. 241 pp. 

The major portion of this volume is bibliographical and the 
sketch of Constantine Samuel E,afinesque, iinancier, naturalist and 
traveller is merely introductory to the bibliography. Eafinesque 



320 MARYIiAKD HISTOEICAL UAaAZINE. 



tramped through Maryland on several of his many journeys and 
at Imst two of his works were published in Baltimore. 



Rodney's Diary and other Delaware Records, by C. H. B. Turner. 
148 pp. Philadelphia, 1911. 

The diary of the Hon. Daniel Eodney covers 40 pages of this 
volume, and extends from 1813 to 1829 ; following the diary is 
" The affair at Lewes and the remainder of the volume is 
made up of abstracts of wills, Bible records and state papers. 
Some 23 Maryland wills are abstracted. 



The Representative Authors of Maryland, by Henry E. Shepherd. 
New York, Whitehall Publishing Co., 1911. 234 pp. $1.50. 

This work, for which the Eandall Literary-Memorial Asso- 
ciation stands sponsor, is one that has long been needed and it is 
a pity that it has not been better done. Being bio-bibliographical 
and critical in form, it is complete in no department and is marred 
by a number of blunders not to be laid at the door of the com- 
positor. The critical estimates are curiously uncritical and con- 
sist principally of a lavish use of extravagant adjectives, applied 
impartially to all and sundry. The mechanical execution of the 
work is as uosetis&etory as the text. 



The New England Historical and Genealogical Register for July, 
concludes the List of Emigrants from England, which has been 
running through several numbers. In May, 1775, the Isabella 
brought to Maryland two indaited servants and "seventy-five 
convicts from Bristol Jail the Baltimore brought to Baltimore 
forty-nine Redemptioners ; the Nancy brought to Baltimore 
ninety-eight Bedemptioners of whom nineteen were women : the 
Mairy brought in twelve men and fourteen women indented ser- 
vants ; the Fortune seventy-eix sfflrvaote and the Beaufort twenty- 
seven ; concerning the laat o^uti^n^t a note informs us that 



EBVIBWS AND NOTES. 



321 



" these people are all going to settle at Maryland, but being Ger- 
mans could not sufficiently understand them to get further infor- 
mation of their ages and other particulars." 



The Pennsylvania Magazine of Hidory and Biography, for 
July, contains some new Logan letters, parts of which deal with 
Maryland affairs in 1733. 



The Virginia Magazine of History and Biography, for July, 
contains an instalment of the genealogy of the Brent family, all 
concerning the Charles county Brents. 



In the fifth series of Yale BiograpMes and Annals, ed. by F. 
B. Dexter, five biographies of local interest appear, namely, 
Thomas P. Grosvenor (1800), Littleton P. Dennis (1803), Noah 
Porter (1803), Samuel B. Beach (1805) and Joel Page (1806). 



The Society has received from the A. S. Abell Co., publishers 
of the Sim, a file of fifty-two volumes of the Philadelphia Publie 
Ledger, 1836-1864 ; and eight volumes of the DoOmr Nempaper, 
1843-1861. 



The following Washington county church records have been 
copied and indexed for the Society : St. Paul's Church, 1 807- 
1849, 158 pp.; Salem Eeformed Church, 1774-1783, 62 pp.; 
Church Book for the Reformed Congregation, Hagerstown, Md., 
1766-1807, 214 pp. 



Permanent organization of the Washington County Historical 
Society was effected August 12th by the adoption of the report 
submitted by a committee of which Mayor J. MePh^son Scott 
was chairman. 

Officers were elected as follows : H. S. Bomberger, Boonsboro, 
president ; John P. Smith, Sharpsburg, first vice-president ; Rev. 



322 



MAKYLAND HISTOEICAL, MAGAZUjTE, 



Dr. J. Spangler KiefFer, Hagcrstown, second vice-president ; E. 
P. Cohill, Hancock, third vice-president ; former Judge William 
J. Witzcnbacher, fourth vine-president; Charles D. Wagaman, 
fifth vice-president ; J. McPherson Scott, sixth vice-president ; 
W. R. Hamilton, secretary, and Thompson A. Brown, treasurer. 

The meeting was held at the Washington County Free Library 
and was largely attended. A constitution has been prepared for 
adoption after the society shall have been formally incorporated. 



NEW ENGLAND HISTOEIC GENEALOOICAL SOCIETY. 



The New England Historic Society has issued the following appeal ; and as 
the conditions surrounding our own Society and collections are so like those of 
the Boston Society, that we must soon issue a similar appeal for aid, we are glad 
to assist in giving the moTesirait publidty by reprintiDg tlie appeal in full. 

"The New England Histobic Genealogical Society, 
of Boston, Massachusetts, founded in 1844 and the oldest society 
of its kind In the United States, having the largest historical and 
genealogical library in this country and one which could never be 
replaced, has reached a crisis in its history calling for immediate 
action. 

"Its combustible building, an old dwelling-house remodelled 
many years ago, not only is inadequate to hold the priceless col- 
lections of books, pamphlets, manuscripts, and newspapers, some 
of which have already had to go into storage in an unused stable 
at the rear of the house, but has been condemned as unsafe to 
carry any further weight upon its floors and walls. This pre- 
vents any addition to the bookshelves, and necessitates that all 
meetings of members be held outside the Society's house. 

" A modern, fire-proof building with metal fittings is needed at 
once, and this appeal is made to every person of New England 
ancestry, and others, for funds with which to erect it and carry 
on the valuable work of the Society. The Society owns land 
upon Beacon Hill, Boston, with an entrance to the same through 



NEW ENGLAND HISTORIC GENKA.LOGICAL SOCIETY. 323 



a building which it has recently purchased in Ashburton Place. 
The land adjoins the Bostou University School of Law and is 
situated near and midway between the State House and the new 
Court House. A suitable structure can be erected and equipped 
for about 1 100,000 ; and an additional permanent endowment of 
$50,000 will be required to meet increased expenses and for 
enlarging the field of publication. 

"The Society's library has always been freely open to the pub- 
lic, is visited and consulted by people from all parts of the world, 
and is almost daily taxed to its full capacity. Membership 
includes both men and women. 

"Here is an opportunity for sons and daughters of New Eng- 
land, no matter where they live, to help in presei'ving and pub- 
lishing the records of their sterling ancestors; and here is an 
excellent chance to give money as a memorial to some individual 
or family, either towards the building or endowment, for a special 
room or alcove, or for equipment or publishing. Sums in any 
amount will be welcome, and should be sent to the Treasurer, 
Charles Knowles Bolton, 18 Somerset Street, Boston, who 
will answer any inquiry."